What an indictment is
In New York and in the federal system, a felony case generally needs a grand jury indictment before it can go to trial, unless the person waives that step and agrees to proceed on a charging document filed by the prosecutor. A grand jury hears evidence presented by the prosecutor, without a judge presiding in the room, and decides whether there is enough to formally charge the case. It is not a finding of guilt, and the standard is far lower than at trial. In New York, the person under investigation can ask to testify before the grand jury, a choice that carries real risk and should be made with counsel. Indictments are sometimes kept sealed until an arrest or surrender is arranged.
Reading the indictment
An indictment lists counts, each describing a specific charge, often in language that closely tracks the statute. It usually names the date and place of the alleged conduct but says little about the evidence behind it. Several counts may describe the same event in different ways, giving the prosecution alternatives at trial. Defense lawyers in New York typically ask the court to review the grand jury minutes and to dismiss or reduce counts the evidence did not support. Read the indictment with counsel, since the count with the most serious-sounding name is not always the one that drives the case.
If you expect an indictment
Some people learn through a target letter, a call from investigators, or a co-defendant's arrest that an indictment may be coming. A lawyer can often communicate with the prosecutor and, where possible, arrange a voluntary surrender rather than an arrest at home or work. Preparing for arraignment on the indictment includes gathering information that bears on release, such as employment, family responsibilities, and community ties. Avoid talking about the case with anyone who might be a witness. Once you reach out, we review what you know about the investigation and what can still be done before the indictment is filed.
