once indicted, when do you get an attorney

There is a common misconception that you don’t need to hire an attorney until you are indicted or charged with a crime. While it may not be absolutely necessary, hiring an attorney before you are charged has a lot of advantages and perhaps help you avoid being charged with a crime altogether.

Full Answer

Do you have to go to court if you are indicted?

Mar 18, 2019 · There is a common misconception that you don’t need to hire an attorney until you are indicted or charged with a crime. While it may not be absolutely necessary, hiring an attorney before you are charged has a lot of advantages and perhaps help you avoid being charged with a crime altogether.

When do you have to be charged with a federal indictment?

If you have been indicted, you should speak to an attorney right away if you do not have one. And if you do have an attorney, you should discuss the indictment thoroughly with him or her to understand the allegations and consider what challenges can be made.

Can a lawyer have experience with speaking indictments?

Once you are indicted, there are three main options. First, your lawyer can petition the court to dismiss the indictment. Second, you can ––upon the advice of your attorney–– plead guilty. Third, you can contest the allegations and invoke your constitutional right to a jury trial. Let’s look at each of these options.

Do I need an attorney if I am charged with a crime?

Mar 14, 2022 · After the accused person is indicted, he or she may hire an attorney or elect to be represented by a government-provided attorney instead. A government-provided attorney is known as a public defender. The accused individual’s attorney will help him or her understand the facts associated with the case and the law in general.

What happens after an indictment?

Following an indictment, the accused party is formally charged with the crime. If he has yet to be arrested, he may be arrested and then charged. In most jurisdictions, the accused party attends a pretrial hearing and has the opportunity to enter a plea.

What happens after a grand jury indictment?

After a grand jury indictment, the individual who is charged in the case usually has a chance to enter a plea. If he chooses to plead not guilty, a trial is set, during which prosecuting attorneys work to prove his guilt while defense attorneys work to prove his innocence.

What happens if a person pleads not guilty?

If he pleads not guilty, however, he is usually given a trial. A jury is a group of citizens who are tasked with determining whether an accused party is guilty or not guilty. Some people confuse a grand jury indictment with a conviction and think an indictment means the accused party will be sentenced for the crime of which he was accused.

What is the difference between a grand jury and an indictment?

Seconds. An indictment is followed by the accused party being charged with a crime. Jail time may be required for someone indicted by a grand jury and awaiting a trial. A jury is a group of citizens who are tasked with determining whether an accused party is guilty or not guilty.

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What does it mean to be indicted?

Michael: Indicted means a grand jury has been assembled; made up of usually 23 citizens. It means they met in private. The prosecutor presents the evidence the prosecutor felt was necessary to establish, the correct word to use is prima facie case to establish probable cause that the individual committed certain crimes and a grand jury then takes ...

What happens when an indictment is returned?

Once an indictment is returned you’re called before a judge to answer that indictment to plead guilty or not guilty.

Can you be indicted without arrest?

The other way you can be indicted is without any arrest. The grand jury just convened in secret and all of a sudden returns what’s called a sealed indictment. Often you read in the newspapers that a sealed indictment was returned. It means the individual didn’t know that they were under investigation, didn’t know the case was presented ...

What does it mean when an indictment is unsealed?

It means the individual didn’t know that they were under investigation, didn’t know the case was presented to a grand jury and once the grand jury returns the seal ed indictment, it’s unsealed and an arrest warrant is issued and an individual is arrested.

Can you be indicted for a felony?

In Some Cases, You May Have Advance Notice in Order to Present Evidence on Your Behalf to the Grand Jury. You can be indicted one of two ways. You can be arrested for a felony and as the case proceeds it is then be presented to a grand jury. Usually then you have notice that the case is presented to a grand jury and you have ...

Stephen Alan Sauer

I can't help but notice that you posted your question under the topic of "federal crime". If your case is indicted in U.S. District Court, also known as Federal Court, your case won't show on JSSI. JSSI shows state court cases in General Sessions or Criminal Court. It does not show federal court cases.

Ruchee Janardan Patel

If you are indicted while your bond is active, then your court date is usually 30 days from date of indictment. If your case was dismissed at general sessions, a warrant would issue for your arrest. If JSSI shows you have been indicated then it will also show court date. Call the court clerk's office or your GS attorney.

Stephen F Wallace

Your attorney should help you with this. There will be an arraignment, if not, a first appearance for court appointed counsel/detention.#N#More

Patrick Ryan Barnes

Paperwork should have been mailed to your residence telling you that you were indicted and to report to court on a certain day. Call the Criminal Court Clerk's Office in Shelby County to find out for sure if you did not receive any paperwork. You'll also need to retain a lawyer.

Harry Edward Hudson Jr

Within the required time after you are arrested. Suggest that you contact criminal defense attorney ASAP for best course of proceeding in your case. ASAP means yesterday.

How do you get an indictment?

An indictment requires the state prosecutor to go in front of a grand jury and present evidence of your alleged crime and ask the grand jury to bring charges against you. All capital crimes and those for which the death penalty is a punishment must be presented by indictment.

What is an indictment in a criminal case?

The indictment contains all personal information about you, allegations of the facts of the case, and the time and place the alleged offense was charged. If the indictment is issued, the sitting judge will issue the arrest warrant for you.

How to file a complaint against a police officer?

After you are arrested, but before you are charged, the police write an arrest report and give it to the prosecutor. The report is a summary of the events that led to the arrest and the details of the arrest. Based upon the report, the state prosecutor can decide to do the following: 1 File the complaint with the trial court, which will set forth the charges against you 2 Go to the grand jury, give them the evidence against you and request them to make criminal charges against you 3 Do not pursue the case further

What is a criminal charge?

A criminal charge is an official allegation that you commited one or more crimes. You can be charged with either a misdemeanor or a felony by the prosecutor but a felony charge more often comes from a grand jury indictment. Once you have a formal charge against you, you can be arrested on a bench warrant if you were not arrested yet. If you were placed under arrest before the warrant was issued, the attorney general’s office in your state will decide if you should be charged based upon the evidence that is presented in the charging affidavit from the arresting officer.

What happens if you are charged with a crime?

First, you will be arrested and there will be a police report made. The prosecutor reads the report and decides if you should be charged with a crime. Or, the prosecutor can go to a grand jury and ask what criminal charges should be filed (this is called an indictment).

What happens if you are indicted by a grand jury?

If you are indicted by the grand jury based upon the evidence , the grand jury returns a true bill; if not it returns a no bill. But even if the grand jury chooses to not indict you, the state prosecutor can still go back to the same grand jury and show additional evidence to get an indictment. They also can file criminal charges regardless ...

What happens if you are arrested on a warrant?

If you have been arrested on a warrant, the police officer must provide a copy of the warrant. There will be stated the charges against you. This must occur within a reasonable period of time after the arrest. Criminal charges may be changed at a later time by the prosecutor or grand jury in some criminal cases.

How long does it take for a criminal case to be filed?

Your attorney will continually monitor the status of your case. A pre-filing investigation can take a long time. It can take weeks, months or even years for criminal charges to be filed against a person.

Why do you need a criminal defense attorney?

The following are six reasons why you need to hire an experienced criminal defense attorney as soon as you suspect you may be charged with a crime…. 1. Your attorney can influence the prosecutor’s discretion in filing charges against you. During a pre-filing investigation, the prosecutor may file serious charges against you based on ...

What is a pre-filing investigation?

During a pre-filing investigation, the police analyze a case to try to find more evidence or try to make sense of any hidden or ambiguous facts before charges are filed. The following are six reasons why you need to hire an experienced criminal defense attorney as soon as you suspect you may ...

Why do police talk to you?

The police may try to talk to you informally about your case in-person or over the phone to try to get more information or even a confession from you. They may seem casual and may even tell you that they are on your side, but they will use anything you say against you in court.

What happens when you retain an attorney?

When you retain an attorney during a pre-filing investigation, he/she will be doing his/her own research on your case. Before the prosecutor files charges against you, your attorney will try to speak to the prosecutor and try to convince the prosecutor to not file charges against you based on your attorney’s investigation.

Can a prosecutor file charges against you?

During a pre-filing investigation, the prosecutor may file serious charges against you based on the police’s early investigation. Without a defense attorney to monitor the prosecutor, the prosecutor can aggressively file charges against you with little to no oversight. An experienced attorney can monitor the prosecutor to make sure no outrageous ...

What is arraignment in court?

Arraignment is the formal reading of charges against a person. If you are charged with a misdemeanor, you may be able to waive your appearance if a criminal defense attorney appears on your behalf. If you are charged with a felony, your appearance is mandatory. At arraignment, you will enter a plea—most commonly “not guilty” though in some instances a defendant may accept an offer or enter a diversion program from the arraignment docket. The District Court lacks jurisdiction to enter a guilty plea at arraignment, so the Court will always enter a “not guilty” plea in a felony case.

How long do circuit court judges serve?

Circuit Court judges are elected and serve eight year terms. Felony cases in Circuit Court are prosecuted by the Commonwealth’s Attorney’s Office for that Judicial District. Commonwealth’s Attorneys are elected and serve six year terms.

What is the lowest court in Kentucky?

Kentucky District Courts are the lowest level trial court in Kentucky. They are courts of limited jurisdiction and can only hear certain matters. These include: violations of county ordinances, traffic infractions, misdemeanor cases, and felony preliminary hearings.

How many courts are there in Kentucky?

In the Commonwealth of Kentucky there are four courts that hear criminal trial matters: State District Court, State Circuit Court, State Juvenile Court, and Federal District Court. Which court the case will be in depends upon the type of case, and potentially, how far along the case is. This artcle focuses on defending adult criminal cases in Kentucky District and Circuit Courts. It is also useful for those defending a Youthful Offender Juvenile case that has been transferred to adult Circuit Court. This article does not attempt to cover the specifics of juvenile or federal courts, though a future volume may address them.

What is the jurisdiction of the District Court?

The District Court has jurisdiction to hear misdemeanor cases that involve fineable offenses and offenses that can receive up to twelve months in jail. A District Court will handle all misdemeanors for the entire trial process: arraignment, pretrial conferences, trial, and sentencing.

Can you plead not guilty at arraignment?

At arraignment, you will enter a plea—most commonly “not guilty” though in some instances a defendant may accept an offer or enter a diversion program from the arraignment docket. The District Court lacks jurisdiction to enter a guilty plea at arraignment, so the Court will always enter a “not guilty” plea in a felony case.

How many jurors are in a circuit court trial?

One of the major differences is the fact that a Circuit jury is typically made up of twelve jurors rather than six in District Court.