Federal Indictments
What You Need to Know and How Hofland & Tomsheck Can Help
An indictment is a formal charge brought against an individual by a grand jury in a federal case. It signifies that the prosecution has gathered enough evidence to believe that the person has committed a federal crime. Once an indictment is filed, formal criminal proceedings begin, and the defendant must act quickly to prepare a defense.
At Hofland & Tomsheck, Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has extensive experience defending clients who have been indicted in federal cases. If you or a loved one is facing a federal indictment, it is crucial to understand the indictment process, the potential consequences, and how having an experienced attorney can help you navigate the complexities of the federal justice system.
What is a Federal Indictment?
An indictment is a written document issued by a grand jury that formally charges an individual with one or more federal crimes. It is the result of an investigation during which the prosecution presents evidence to the grand jury to establish probable cause—a legal standard meaning there is a reasonable belief that the individual has committed the crime in question.
Federal indictments are often used for serious offenses, including white-collar crimes, drug trafficking, organized crime, fraud, and other violations of federal law. An indictment can include multiple charges and often serves as the starting point for a lengthy legal battle.
The Role of the Grand Jury
A grand jury is a group of 16 to 23 citizens tasked with reviewing evidence presented by the prosecution to determine whether there is probable cause to charge someone with a crime. The grand jury's proceedings are secret, meaning neither the defense nor the public is allowed to attend. This lack of transparency can be a significant disadvantage for the person under investigation because they do not have the opportunity to defend themselves or present their side of the story.
The grand jury does not decide guilt or innocence; its role is solely to determine whether enough evidence exists to proceed with criminal charges. If the grand jury believes probable cause exists, it issues an indictment, which formally charges the individual and initiates the criminal prosecution.
The Indictment Process
The indictment process can be long and complex, often following an extensive federal investigation. Here is a general outline of the process:
Investigation: Before an indictment is sought, federal agencies such as the FBI, DEA, or IRS may conduct a detailed investigation into the alleged criminal activity. This can include surveillance, wiretaps, document reviews, and interviews with witnesses or suspects. Often, the person being investigated is unaware that an indictment is forthcoming.
Presentation to the Grand Jury: Once the prosecution has gathered enough evidence, they present their case to the grand jury. This presentation includes testimony from witnesses, documents, and other forms of evidence. The defense is not present during this stage, and the accused does not have the right to cross-examine witnesses or challenge the evidence.
Grand Jury Deliberation: After hearing the evidence, the grand jury deliberates in private. If at least 12 members of the grand jury believe there is probable cause to charge the individual with a crime, they will issue an indictment.
Issuance of the Indictment: Once the grand jury issues the indictment, the defendant will be notified and, in most cases, arrested or summoned to appear in court. The indictment will list the specific charges the defendant is facing, as well as any potential penalties if convicted.
Initial Hearing: After the indictment, the defendant will appear before a federal judge for an initial hearing, where the charges will be formally read, and the defendant will have the opportunity to enter a plea (guilty, not guilty, or no contest).
Types of Federal Indictments
There are two primary types of federal indictments:
Sealed Indictment: In some cases, the grand jury may issue a sealed indictment, meaning that the indictment remains secret until the defendant is arrested. Sealed indictments are often used when the prosecution believes the defendant may flee or when they need more time to gather additional evidence.
Superseding Indictment: A superseding indictment is an updated version of a previously issued indictment. This can occur if the prosecution discovers new evidence or decides to bring additional charges. A superseding indictment can also be used to modify existing charges based on the evolving nature of the investigation.
What Happens After an Indictment?
Once an indictment has been issued, the defendant must begin preparing their defense immediately. Being indicted in federal court is a serious matter, and the penalties for federal crimes can be severe, including long prison sentences, steep fines, asset forfeiture, and a permanent criminal record.
The defendant will be required to appear in court for an initial hearing, where they will be formally advised of the charges and asked to enter a plea. The court will also determine whether the defendant should be released on bail or detained until trial. After the initial hearing, the defense will begin gathering evidence, reviewing discovery provided by the prosecution, and developing legal strategies for fighting the charges.
The Importance of Legal Representation
Facing a federal indictment is a daunting experience, and the stakes are incredibly high. Once you have been indicted, time is of the essence. It is critical to secure experienced legal representation to ensure that your rights are protected and that you have the best possible defense.
Josh Tomsheck and the team at Hofland & Tomsheck understand the complexities of federal indictments and have the experience needed to handle even the most challenging cases. Our firm offers:
Early Intervention: In some cases, we can get involved before the indictment is issued. By intervening early, we may be able to present evidence to the prosecution that could lead to a decision not to pursue charges or to negotiate for lesser charges.
Thorough Defense Preparation: Once an indictment has been issued, we work quickly to develop a strong defense strategy. This includes reviewing all evidence, filing pre-trial motions to challenge the charges, and preparing for trial if necessary.
Plea Negotiations: In some cases, negotiating a plea deal may be in the best interest of the defendant. We work closely with prosecutors to seek favorable plea agreements that minimize penalties and, where possible, avoid prison time.
Trial Defense: If your case goes to trial, you need an experienced trial lawyer on your side. Josh Tomsheck has a proven track record of defending clients in federal court and securing favorable outcomes.
Defenses Against a Federal Indictment
Several potential defenses can be raised after an indictment is issued. Some common defense strategies include:
Challenging the Evidence: We thoroughly examine the evidence used to obtain the indictment and determine if it was obtained legally. If any evidence was gathered in violation of your constitutional rights, we can file a motion to suppress, which may result in the dismissal of the charges.
Lack of Probable Cause: While the grand jury only needs to establish probable cause to indict, this is a low standard. In some cases, we may be able to argue that the evidence presented to the grand jury was insufficient to justify the indictment.
Violation of Constitutional Rights: If the defendant's rights were violated during the investigation or indictment process, such as illegal searches or failure to provide Miranda warnings, we can use these violations as grounds for dismissal.
Why Choose Hofland & Tomsheck?
Facing a federal indictment is one of the most serious challenges an individual can encounter. At Hofland & Tomsheck, we are committed to providing aggressive and knowledgeable defense to individuals facing federal charges. Josh Tomsheck, a former prosecutor, understands how the government builds its cases and uses this insight to mount effective defenses on behalf of his clients.
Schedule a Free Consultation
If you have been indicted in federal court or believe you are under investigation, contact Hofland & Tomsheck today for a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person, phone, and Zoom meetings, to discuss your case and protect your rights.
Call us at (702) 895-6760, or visit us at 228 S. 4th Street, First Floor, Las Vegas, NV 89101 to schedule your consultation today.
