What to Do Immediately After a Federal Indictment

A prosecution for a federal crime begins when a federal prosecutor obtains an indictment from a grand jury. When a federal grand jury indicts you for a crime, taking prompt action can help protect your legal rights and options. Prompt action can also put you in the best position to defend your reputation, freedom, and future. After learning of a grand jury indictment, there are steps federal defendants should take to safeguard their rights. Contact Broden & Mickelsen for the legal representation you need.

Call a Federal Criminal Defense Lawyer

After being charged with a federal crime, one of the first steps you should take in the criminal process is to contact an experienced federal criminal defense attorney. The initial stages of court proceedings in federal criminal cases occur quickly. You have many important decisions to make at the beginning of your case. A criminal defense lawyer can advise you of your rights and options during the initial stages of the case and throughout the prosecution, including whether to speak to investigators and how to plead to your charges. A lawyer can also discuss what to expect at each step in a criminal case.

Hiring a criminal defense lawyer as early as possible in federal cases can also protect your rights, as an attorney can begin a criminal investigation into your charges to recover evidence that may support defense strategies that allow you to avoid the most severe consequences of a conviction.

Look for an attorney who is knowledgeable of the federal court process and federal criminal procedures. The federal system is much different than the state criminal justice system, so it’s crucial you work with an attorney who has extensive knowledge and experience involving federal law and the grand jury process. The federal defense attorneys at Broden & Mickelsen, LLP are board-certified specialists in criminal law and criminal appellate law by the Texas Board of Legal Specialization. We have over 60 years of combined criminal defense experience representing individuals and businesses facing state and federal felony cases. We offer a free consultation to discuss the federal offense you are charged with and how we can defend you.

Read the Charging Document

After you are indicted, you should read all documents you receive from the court. The indictment serves as the government’s formal accusation of criminal charges against a defendant. A federal indictment will contain several parts, including:

• A caption naming the district court hearing the case, the United States as the prosecuting authority, and the defendant(s) charged in the indictment
• A list of the counts – the specific crimes the defendant(s) allegedly committed
• A narrative containing detailed factual allegations for each count in the indictment

Reading the indictment can help you understand what charges you face and how the government alleges you committed the charged crimes. Knowing the specific factual allegations against you can help you form a defense strategy, as you can identify allegations you might challenge or disprove at trial.

An attorney can go through the indictment with you and identify potential errors, such as a misidentification of the parties involved, an erroneous citation to the criminal statute you allegedly violated, failing to state all elements of the crime, or alleging a crime that occurred outside the statute of limitations. This may provide grounds to challenge the indictment.

Appear at the Detention Hearing

Upon receiving an indictment, you must appear in the United States District Court following your formal arrest and processing for a detention hearing. If a federal law enforcement agency releases you after an arrest, they will notify you of the date and time for the detention hearing. At that hearing, a federal judge will determine whether to hold you in a detention facility during the criminal proceedings. The judge will consider various factors when deciding whether to detain you pending trial, including:

• The nature of the charges
• Your criminal history
• Your family and community ties
• Your need to support family members
• Your flight risk

If you fail to appear at the detention hearing, the judge can issue a bench warrant for your arrest, which can lead to additional criminal charges and may negatively affect sentencing after a conviction on your present charges.

Appear at the Arraignment

One of the other initial hearings in criminal cases is the arraignment. At an arraignment, the federal court formally advises the defendant of the charges against them. The judge also informs the defendant of some of their fundamental rights, such as the right to legal counsel. They inquire whether the defendant has hired legal counsel, wishes to have the court appoint a federal public defender, intends to hire an attorney in the future, or wants to represent themselves. The judge will ask whether the defendant understands their rights and the nature of the charges against them.

The court takes the defendant’s initial plea to each charge. If the defendant decides to plead not guilty, they can later change their plea to guilty. The court issues a case scheduling order.

Conversely, if the defendant pleads guilty at the arraignment, they will have limited opportunities to withdraw that plea. The court will schedule a sentencing hearing.

Consider a Plea Agreement

When the government can present evidence likely to obtain a guilty verdict at trial, you might consider entering a guilty plea. Pleading guilty can have benefits over going to trial when the federal government’s case contains overwhelming evidence of guilt. Negotiating a plea deal with federal prosecutors can result in a much lower sentence than you would receive if you went to trial and were found guilty. Courts look favorably upon defendants who admit guilt, as pleading guilty demonstrates an acceptance of responsibility and saves government resources by eliminating the need for a trial.

At a plea hearing, you must admit to various factual allegations. However, the judge must determine whether the conduct you admitted to constitutes a crime. The court also ensures that you’ve voluntarily entered a guilty plea and understand the consequences of your plea, including giving up the right to a trial. An experienced attorney can discuss your case with you and whether the prosecution has enough evidence to secure a guilty verdict. They can also discuss sentencing guidelines and your potential sentence. If you decide not to plead guilty, your case proceeds to trial.

Build Your Defense

Finally, you and your defense attorney can build a case strategy to secure the best resolution to your federal charges. Your defense strategy may include arguing that the facts alleged by the government do not establish a crime or contending that the statute of limitations has expired.

You and your attorney can also develop defense strategies to pursue throughout your case. These may include moving to exclude government evidence on the grounds of inadmissibility or because investigators unlawfully obtained the evidence. Your attorney can prepare pre-trial motions to exclude this evidence. You and your attorney may be able to identify specific legal defenses like alibi, lack of intent, consent, or lack of possession.

Contact the Board-Certified Criminal Defense Lawyers at Broden & Mickelsen, LLP

When federal authorities file criminal charges against you, you need experienced, dedicated legal counsel to stand up to the criminal justice system and protect your rights and interests. Contact Broden & Mickelsen, LLP today for a free and confidential consultation with an experienced criminal defense attorney to discuss your case.