How Does the Federal Indictment Process Work?

Full question:

arrested for trafficking a large amount posted bail , waiting to be indicted and the federal courts were going to pick up the case when will they do this and will they re-arrest and will there be another bond set ?

  • Category: Criminal
  • Date:
  • State: Kentucky

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

After an indictment for trafficking, the prosecution decides whether to proceed with the case. If they do, you may be re-arrested. At your first court appearance, the prosecutor might request that you be held without bail until your trial. This can lead to a detention hearing to assess whether you should remain in custody. You have the right to legal counsel during this process.