Federal Indictments: A Serious Matter
Most federal criminal proceedings begin with a federal indictment. Its Oklahoma state court equivalent is a warrant.
If you are facing a federal indictment, you will need legal help from a Tulsa felony attorney. Here is what you need to know about a federal indictment, how to deal with it, and its impact on your life and freedom.
How Do Prosecutors Get a Federal Indictment?
Federal indictments are obtained when a federal prosecutor presents evidence to a grand jury specially convened to hear that evidence. Federal prosecutors are in charge of the evidence that is presented to a grand jury. The defendant has no right to confront the evidence or witnesses presented to a grand jury.
The grand jury must find that there is probable cause to bind the defendant over for trial. Probable cause is a lower burden of proof than that used in criminal trials, which usually require a showing of beyond a reasonable doubt.
Sometimes an arrest may come before an indictment. But if an investigation has been ongoing, it may be that an indictment comes before the arrest.
What a Federal Indictment Includes
A federal indictment is a document issued by federal prosecutors that outlines the charges being brought against a person. It contains the name of the person and the charges that are being brought.
The indictment is issued by the District Court that will extend jurisdiction over the person who is being charged. It is usually issued after a grand jury has heard the initial evidence brought by a federal prosecutor. The grand jury decides whether there is sufficient evidence presented to bind a person over for trial.
The indictment contains the court docket number and all of the “counts” or charges that are being brought. Each count is usually supported by one or more paragraphs containing facts in support of the count or charge being brought.
A federal indictment must allege facts in support of a federal crime. If the facts support a state crime, the indictment may be invalid.
The language used in a federal indictment may be confusing and it is important to understand the indictment. Therefore, it is helpful to speak to an attorney if you are facing an indictment.
Also, most federal indictments are for felonies rather than misdemeanors. Federal penalties are often harsher than are penalties for the same crime at the state level.
Initial Consultation: Tulsa Criminal Attorney
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal attorney to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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