How it happens
A grand jury can return an indictment based on evidence presented by prosecutors even if the person has never been arrested. In federal court this is common in white-collar and other complex cases, and the indictment may stay sealed until the person is brought in. In New York state court, felony charges generally require a grand jury indictment unless the person waives it, and someone who has not been arrested may not receive the notice that would otherwise give them a chance to testify before the grand jury. After an indictment, the court can issue a warrant or a summons to bring the person to arraignment.
Arranging surrender
When counsel is involved, prosecutors are often willing to set up a voluntary surrender at an agreed time rather than an arrest at home or work. That can make a difference to how a person is processed and to the release discussion, though both remain up to the prosecutor and the court. Bring identification, information about any medication you take, and the names of people who can vouch for you. Do not travel abroad or move without talking it over with counsel first, since that can complicate both surrender and release.
Before and after the charge
If you suspect an investigation is underway, early contact through counsel may let you learn your status and, in some cases, present information before a charging decision is made. After indictment, the case moves to arraignment, discovery, and motions, with decisions about plea or trial following later. We look at which agency is involved, what charges seem likely, and how surrender and release can be handled with the least disruption to your work and family. We also check whether co-defendants are named, because that affects strategy from the first day.
