After an indictment is issued, the suspect is released from jail or detained until charges are resolved. In some cases, the suspect may be freed immediately, but in most cases they are held in jail until charged.
Some crimes are considered serious enough to charge with a higher charge. Examples of these charges include hate crimes and homicides that involve a weapon or bodily harm. For hate crime charges, the suspect must be charged with an opposite of the victim’s race, religion, sexual orientation, or disability.
Harmony police say this process can take months as prosecutors and judges schedule trials and retrials. It is important for people to get involved as soon as possible to help with this process.
The U.S. Attorney’s Office reviews the indictment
Once the indictment is released, it cannot be changed or deleted. The U.S. Attorney’s Office sends it to the grand jury, which immediately starts reviewing it to see if there are additional charges required.
If there are, the grand jury must charge the appropriate number of charges to reach those charges in law. So, if there is an 18-gambling charge in the indictment, there must be at least eighteen separate gambling transactions.
Once all members of the grand jury review the indictment and decide whether or not it contains enough evidence to issue an indictment, they will send it to the US Attorney’s Office for review.
The U.S. Attorney’s Office may amend the indictment
Once the Grand Jury issues an indictment, the U.S. Attorney’s Office must prepare and file a new indictment within 60 days of the presiding Grand Jury’s decision.
Many times, this means changing the charges or adding new charges. If you were charged with a crime that was dropped or changed during previous indictments, you may be able to have your charges reinstated if you file a new indictment.
In order for the government to serve the new indictment on you, they must notify your legal representation and either accept it or withdraw their objection.
The defendant is informed of the indictment
After the indictment is announced, the defendant has several important conversations with family members and friends. These conversations can be difficult and even scary, as they involve discussing charges against one member of their community.
They must ask them not to worry about them yet, because he or she is still under investigation. They also have to tell people they know about it so they can get help.
Finally, in order for a person to do anything about it, the defendant has to agree to go before a grand jury again. This time around, however, they only get five days to plan for it before they have to appear!
This process can take months or even years as more cases come forward, so this happens often. Many times during this time there are news conferences where the grand jury is announced.
Prepare for trial
Before an indictment is announced, the police and prosecutors have a chance to talk with the grand jury. This is called a public presentation, and it is mandatory for all parties involved in an investigation.
During this presentation, the community members get to ask questions and provide information. If you are observant, you may have noticed on the news or in the media that people are asking questions and providing information about the case. This is because a trial is coming up!
On December 1st through 4th, 2016, twenty-five people were indicted on charges such as corruption conspiracy, extortion, money laundering, and filing of false documents. These charges cover many areas of law including FBI investigations, Justice Department investigations, and grand jury indictments.
Go to court
Once the grand jury issue has been made, the next step is to go to court. Many people do not know what to expect when they go to court as an audience member for the first time!
There are many ways to go to court, and most of them focus on indicting the person(s) responsible for your problem. Some courts even have scripts that explain what happened and why you were indicted.
These scripts may explain why you were arrested, but going to court brings a different set of challenges. There are more people involved, there is a legal representation involved, and there is ajury service involved. All of these things must be addressed in order to go from being indicted by the grand jury to being tried in court.
It is important to read your charges through this process so that you understand what happens next.
Testimony of witnesses
After an indictment is issued, the next step is for the prosecutors to gather more evidence and witnesses. This can include going back to interview previous witnesses, gathering new evidence through electronic devices, and reviewing new evidence such as cell phone records or computer-generated records.
Once all of this additional evidence is gathered and reviewed, it is presented to the judge for review. The judge will look at how much time was spent on trying the case and whether or not they were able to indict on charges. If he or she finds that there was enough evidence to indict, the case is sent to court for trial.
During this process, both sides are ready to go. Prosecution and defense prepare their cases fully for a trial so that there is a reasonable amount of time for testimony to be given.
After the grand jury issues an indictment, the case is sent to a grand jury, which can decide to return an indictment or not.
If the grand jury decides to issue an indictment, it will meet and discuss it. This happens at least once before every trial to make sure there are no questions about whether or not they should issue an indictment.
As part of this meeting, the prosecutor and defense attorney assemble evidence and witnesses who can testify about the defendant’s guilt. They also meet with potential jurors, who must be unbiased by the evidence at hand.
Once all of this is done, the defense has six months to prepare for trial.
The prosecution’s burden of proof
After the grand jury issues an indictment, the next step is for the prosecution to prove it to a jury. This can be a long process, depending on how early in the investigation the prosecution gets.
Some times it takes months for charges to be filed. In this case, the evidence collected so far is reviewed and new evidence may be gathered.
Once charges are filed, they are considered active. It is during this time that people are charged and prosecuted. During this time of charging and prosecution, documents may be altered or destroyed in order to avoid any possible bias or mistakes.
Many times, people are not charged until after very extensive investigation has taken place. This can lead to a lack of evidence or witnesses stating something indicating guilt.