What Happens After an Indictment?
What is an Indictment?
When a person is indicted, they are given formal notice that it is believed that they committed a crime. After a crime is committed, investigators gather evidence and present their findings to the prosecutor. The prosecutor then decides whether to pursue charging an individual with the crime. If the prosecutor comes to the conclusion that there is enough evidence to move forward with criminal charges, the person who is being accused is indicted.
How does an Indictment happen?
Before you are indicted for a crime, a Grand Jury is empaneled to make a decision about whether to hand down an indictment or not. At this hearing, a prosecutor will put on a mini-evidentiary hearing and submit to the Grand Jury the evidence they claim shows you committed the crime. These proceedings are secret and if you are called before the Grand Jury, you cannot have a lawyer inside with you. However, you can have a lawyer outside with whom you can ask questions about what you are being asked to testify about. This is why you will hear about a defendant taking the fifth amendment at a Grand Jury hearing.
What happens after you’ve been Indicted?
After the Grand Jury hands down the indictment, you will either be arraigned before a Judge, or a warrant will issue for your arrest if you are not in custody. At your arraignment, the Judge will read the indictment. This process cannot be waived or sped up under current Louisiana law. You will then enter a guilty or not guilty plea. If no bond has been set, it will be set and you will be remanded to the custody of the local sheriff.
You will not be entitled to a preliminary hearing if you have been indicted because an evidentiary hearing was already held before the Grand Jury. Instead, your case will be set for trial and discovery will be presented to your lawyer. You will then have a chance to discuss plea negotiations with the District Attorney or prepare for trial.
What do I do if I’ve been Indicted?
An indictment usually means that there is a strong case for the charges. However, there are cases where Prosecutors indict weak cases. In either event, it is always better to have a lawyer there to assist with the process. We can help navigate the process or even avoid it entirely in some cases. If you are the target of an indictment call us today to discuss your options immediately. Remember…When No One’s Carin’ Call McLaren! 504-300-8338!