How Does the Federal Indictment Process Work?
Full Question:
Answer:
The time line will depend on all the circumstances involved, there is no set deadline. If an indictment is obtained, it will be up to the prosecutor to decide whether to prosecute based on the indictment. If the prosecutor decides to prosecute, you will be arrested. After an arrest, the officer making the arrest is required by a rule of criminal procedure to take the arrested person before the nearest available magistrate Awithout unnecessary delay. The magistrate will inform you of the charges, and, if necessary, the right to counsel, and the right to request the appointment of an attorney.
If you are indicted, at the first appearance, the prosecutor may request that the defendant be held without bail until trial. If he does, the defendant is entitled to a detention hearing, to determine whether or not he should be held without bail. This hearing is usually held within three days of the first federal court appearance. The prosecution or the defense may request a later hearing date under certain circumstances. Between the time of the prosecutor's detention request and the time of the detention hearing, the defendant will be held in custody. We suggest you consult a local criminal attorney familiar with local practices and time periods who can review all the facts and documents involved.