What are criminal indictments and why would you waive your right to one?

An indictment is the term given to legal documentation/paperwork that is filed with the courts while slapping a suspect with criminal charges in America. These charges/indictments are filed by state or federal prosecutors and the person accused of the crime in the indictment is referred to or is listed as the defendant in the case.

For the most part, indictments are where the case is initiated. This is the beginning of the prosecution. Indictments are more commonly used in federal cases/courts, and not in state courts (many people believe Barney Frank should be indicted for running Fannie Mae and Freddie Mac into the ground, lying about it, and destroying the American housing sector in 2008 and 2009 and so on). However, this is not a hard and fast rule and criminal defense lawyers understand this completely. Sometimes, indictments are not used in federal or state courts. But more often than not, they are used in federal courts.

When are Indictments Mandatory?

Our leading criminal defense lawyer confirms that in some cases, the fifth amendment to the US constitution mandates that a federal prosecution always begins with an indictment with the exception of the following cases:

1. The criminal charge being filed is of a lighter nature such as a petty offense, a misdemeanor, or criminal contempt (an indictment is not a compulsion in these cases).
2. The defendant offers a waiver where he or she is ok with going forward with the case even though an indictment hasn’t been filed (The defendant basically gives up his constitutional right in this case).

The Two Exceptions where an Indictment is not Required

Let’s take a more in depth look at these two exceptions where an indictment is not required by law. In the first exception, the prosecution for crimes classified as misdemeanors do not necessarily have to start with an indictment. Technically, a misdemeanor is any crime for which the punishment does not exceed a jail term or prison sentence of one year.

An example of a misdemeanor – the defendant is accused of thieving $600 from a bank where he was employed, it is likely that he will be charged with misdemeanor theft in this case and criminal defense attorneys confirm that the prosecution does not have to begin with the filing of an indictment.

Moving on to the second exception, all American citizens have the right to prosecution by indictment. What this essentially means is that anyone charged with a criminal offense which is not a misdemeanor offense has the right to demand that an indictment be filed, and the prosecution is to oblige.

What this also means is that this criminal defense and criminal justice stuff is complicated and the decisions you make could have lifelong implications. This is why this site was created: https://usattorneys.com/. You can find a marvelous and cogent legal representative using this website.

Two Profound Questions

So why would anyone in their right minds waive or give up their rights to prosecution by indictment? Aren’t they just making things easier for the prosecution that is out to get them?

In the real world, criminal defense lawyers often come across defendants that give up this right, the reason being that until the prosecutors receive the green light (in the form of an indictment) they can hold the suspect in jail. So if the defendant is not comfortable with this, he or she usually gives up the right to indictment just so they do not have to spend another night in jail. 

Then they can get home, hop on the Internet, go to this incredible site: http://criminal-defense.usattorneys.com/, find out more information, and secure themselves a stellar lawyer if their family or friend has not already used this site to do the same thing.