It can be frightening after finding yourself accused of a crime. If it happens, it’s important for you to make a smart, informed decision when moving forward. However, if you get the wrong end of an accusation, checking to see if you have an indictment is a must, ensuring that you remain free.
Unfortunately, not all accused people know how to check whether or not they have an indictment. Thankfully, this post will show you the guide to check if you have an indictment with an easy guide. So, if you really need the information, let’s dive into our post below!
Checking If You Have an Indictment, Here’s How!
Since you will already be aware of the police’s interest in you and your role in the investigation, an indictment must not come as a surprise. If it does not happen, you must be aware that all records and notices of indictments are public records, meaning the state and federal Freedom of Information Laws mean that anyone will be able to look them up.
Actually, the records of an indictment can be easily accessed online or can be found at a federal or county courthouse. They will also be available once the prosecutor has presented the adequate evidence to the grand jury.
In this case, the grand jury will ascertain whether the charges must be brought against the defendant and the nature of those charges, and you will surely be arrested. Well, the indictment records can be found in some locations, including:
1. County Court Records
All county courthouses will already have a list of indictments that will commonly date back several months. In this case, the indictment actually includes the name and charges of the offense and also a statement from the district attorney –‘s office that certifies the indictment.
Unless you’re planning on turning yourself in, you need to ask your attorney to check those records, as the attorney-client privilege means that they’re not legally obligated to disclose any information about your whereabouts to the court.
2. Federal Court Records
In addition to checking your records of an indictment at county courthouses, you can also check your indictment record at federal courthouses, as these institutions will also have copies of indictment records, commonly in the clerk’s office and the records can be checked by the party of suspect names.
In some cases, the judge probably rules that the indictment is to remain sealed and secure until the summons is issued or the suspect is arrested. In this case, any sealed indictments are not public records that are also not accessible by your attorney. However, your attorney must be able to advise you on the likelihood of a sealed indictment.
2. Online Records
You can also find the records of an indictment online. Well, there are plenty of specific websites which can also be used to access court records outside your current location. In some cases, an indictment might have been issued in another county, state or by a different district court.
The Public Access to Court Electronic Records that is also known as the PACER website is maintained by the federal judiciary and can also be accessed by the public. Well, the website actually provides records from every United States district bankruptcy and criminal court in the country.
In this case, the National Centre for State Courts could also contain information on state court system sites. Well, it’s very important for you to remember that you will have to get a friend to register for the sites before you conduct your search or you may disclose your location accidentally.
Okay, those are places that you can visit to check if you have an indictment.
What Happens After You Are Indicted?
It’s so normal if many people are worried that they will be asked to stay in jail after an indictment. However, the decision to determine whether or not you have to stay in jail following an indictment will be set at the bond hearing that may happen early in the trial process.
Well, a bond hearing may allow both the defence team and the prosecutor to argue about whether or not the individual must be considered for release on bond. If this is granted, how much it must be set at.
In this case, the prosecutor will focus on making bail harder to reach, while the defence team will argue for the temporary release of the defendant. Finally, the decision will land on the judge who will consider whether there is any risk to the community or not if the defendant is released, and also the risk of the accused fleeing if they are released.
The defendant will likely need to remain in jail if they’re wealthy enough to skip the country or also have a history of failing to appear for hearings, so the chances of being granted bail are slim.
In this case, the defendant who is considered to be very dangerous will likely be released before trial. As an alternative, they will be granted bail at a rate which is so high, paying it should be impossible.
After you’ve been indicted, a trial will happen that involves a number of steps and requirements. Of course, there will be a series of pre-trial hearings and obtaining the main trial is such a lengthy process which will take several months, if not years.
In some cases, your defence lawyer can work out a plea deal that is more likely if the prosecutor is happy to work with you to solve the issue. With a plea deal, you will not object to or be guilty of any charges against you. Then, you will be given a punishment which is less than that which would have been awarded if you’ve been convicted at trial.
You actually have the right to appeal if you’re convicted of the crime or also found guilty at trial, and it can result in the case being re-examined and new evidence being introduced. In some cases, your conviction is overturned.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
