A sealed indictment is a legal document that contains formal criminal charges against someone but is kept confidential from the public and the accused until a specified time. Sometimes, our Los Angeles criminal defense lawyers work with cases involving sealed indictments.
A sealed indictment may seem illegal because everyone has a right to know their charges and to face their accuser, but there are good reasons why an indictment may be sealed. If you’re facing one or have heard the term on the news and want to know more about sealed indictments, read on.
What Exactly Is an Indictment?
Before discussing sealed indictments, it’s essential to understand what an indictment is. An indictment is a formal crime accusation typically issued by a grand jury.
It’s a legal document that outlines the specific charges against an individual or entity based on evidence presented by prosecutors. The primary purpose of an indictment is to:
- Inform the accused of the charges against them.
- Provide a basis for the court to proceed with a criminal trial.
- Ensure that there’s sufficient evidence to justify a trial.
For an indictment to be valid, a grand jury must listen to the evidence and agree that the prosecution has a case. In California, indictments are typically used for serious crimes, often felonies.
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How Is an Indictment Different From a Charge?
Getting an indictment is much more serious than simple charges. Here is the main difference:
- Charges: A prosecutor believes there is enough evidence that you committed a crime to start prosecution.
- Indictment: A grand jury believes there is enough evidence that you committed a crime to start prosecution. In California, at least 12 out of 23 jury members must agree there is enough evidence to proceed.
Indictments carry more weight because it’s not the opinion of one prosecutor. A group of average citizens agrees there’s enough evidence to proceed with your case. It shows the court and the public that it’s worth the court’s time to prosecute you.
Being indicted doesn’t mean you’re guilty, but it does mean that the prosecution must have excellent evidence against you.
How Does a Sealed Indictment Differ From a Regular Indictment?
A sealed indictment differs from a standard indictment in some key ways. The primary difference is that the contents of a sealed indictment are kept secret from the public and the accused until they are unsealed.
While a regular indictment is usually made public immediately, a sealed indictment remains confidential until a judge orders it to be unsealed or an arrest is made. Prosecutors may request an indictment to be sealed for various reasons, including.
Preventing Flight Risk
If an indictment is sealed, the accused doesn’t know they’re about to be charged. This can prevent them from fleeing the jurisdiction or attempting to evade arrest.
Protecting Ongoing Investigations
Sealing an indictment can help maintain the integrity of ongoing investigations by preventing the premature disclosure of information that could compromise the case.
Safeguarding Witnesses and Victims
In cases involving sensitive information or vulnerable parties, sealing an indictment can protect the identities of witnesses or victims until necessary precautions are in place.
Coordinating Multiple Arrests
When law enforcement needs to arrest multiple individuals simultaneously, sealed indictments allow for coordinated action without tipping off suspects.
What Is the Role of the Grand Jury in Sealed Indictments?
Grand juries play a crucial role in creating sealed indictments. They review the evidence presented by prosecutors to determine whether there is probable cause to believe a crime has been committed. This process is the same for sealed and unsealed indictments.
Grand jury proceedings are always confidential, which makes them ideal for handling sealed indictments. Jurors are sworn to secrecy about the cases they hear, helping maintain the sealed indictment’s integrity.
It’s important to note that the defense does not present its case in grand jury proceedings, including those for sealed indictments. Instead, the prosecution is working to persuade a group of the general public that there is a case against their target.
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How Long Can an Indictment Remain Sealed?
There is no set time limit for how long an indictment can remain sealed. It can sometimes be days, weeks, months, or even years. The length of time an indictment remains sealed depends on factors such as:
- The nature of the case
- The reasons for sealing
- The progress of related investigations
An indictment is typically unsealed when:
- The accused is arrested and can no longer flee or affect other investigations.
- The reasons for sealing no longer apply, like a minor witness reaching the age of majority.
- A judge orders it to be unsealed in the interests of the public.
What Happens After a Sealed Indictment Is Unsealed?
Once a sealed indictment is unsealed, law enforcement can begin the usual prosecution process. You can be arrested and informed of your charges in an arraignment. The contents of the indictment also become part of the public record.
How Common Are Sealed Indictments?
The frequency of sealed indictments can vary significantly between different jurisdictions and levels of government. Sealed indictments are relatively common in federal cases, especially those involving organized crime, drug trafficking, or white-collar offenses.
While sealed indictments often make headlines in high-profile cases, many are used in routine criminal matters without much public attention. The decision to seal depends on the circumstances of the case.
What Are Some Notable Cases Involving Sealed Indictments?
Sealed indictments have been used in many high-profile cases. Here are some notable examples:
Watergate Scandal (1970s)
During the Watergate investigation, several sealed indictments were used to build cases against high-ranking government officials without alerting them to the ongoing investigation.
John Gotti Case (1990)
The infamous mobster John Gotti was arrested in 1990 based on a sealed indictment. This strategy prevented Gotti from being tipped off about the charges against him.
FIFA Corruption Case (2015)
Numerous sealed indictments were involved in investigating corruption within FIFA, soccer’s governing body. This allowed U.S. authorities to coordinate simultaneous arrests across multiple countries.
Jeffrey Epstein Case (2019)
A sealed indictment was used in the case against Jeffrey Epstein for sex trafficking charges. It was unsealed upon his arrest and revealed the extent of the allegations against him to the public.
Capitol Riot Cases (2021)
Following the January 6, 2021, riot at the U.S. Capitol, prosecutors used numerous sealed indictments to build cases against participants without alerting them to impending arrests.
These cases demonstrate how sealed indictments can be powerful in complex, sensitive, or high-profile investigations. They allow law enforcement to build comprehensive cases while minimizing the risk of evidence tampering, witness intimidation, or suspects fleeing justice.
Are Sealed Indictments Legal?
Yes, sealed indictments are legal and widely used in the criminal justice system, including the federal system. There is a longstanding legal precedent for concealing indictments.
While sealed indictments may seem to conflict with Constitutional rights, courts have held that the practice is constitutional when used appropriately. Judges are crucial in overseeing sealed indictments, ensuring they’re used correctly and not abused.
Sealing an indictment gives the prosecution time to set up their cases, protect vulnerable witnesses, and prevent suspects from jeopardizing a case before an arrest.
What Are the Criticisms of Sealed Indictments?
While sealed indictments serve important purposes, they’re not without controversy. Critics argue that sealed indictments can reduce transparency in the justice system and potentially hide prosecutorial overreach.
Some justice advocates are concerned that sealed indictments could be used to unfairly target individuals or groups without immediate public scrutiny. They may also argue that sealed indictments infringe on a defendant’s right to a speedy trial or adequate time to prepare a defense.
Sealed indictments also have a complex relationship with the statute of limitations. They often pause the clock while sealed. In rare cases, we may argue that sealing an indictment was done just to extend the statute of limitations.
Can You Find Out if There’s a Sealed Indictment Against You?
By design, it’s difficult to know if there’s a sealed indictment against you. The whole point of a sealed indictment is to keep charges against you secret until the appropriate time. Courts and law enforcement are bound to maintain this confidentiality.
There are no legal mechanisms for an individual to discover if they’re the subject of a sealed indictment before it’s unsealed. However, some signs that might suggest a sealed indictment exists against you include:
- Unusual law enforcement activity around you
- Unexpected changes in how acquaintances interact with you
- Hearing rumors or whispers about potential charges
What Should You Do if You Suspect a Sealed Indictment?
If you believe you might be the subject of a sealed indictment, the most important step is to consult an experienced criminal defense attorney. They can provide guidance based on your specific situation.
While you can’t know for sure if you have a sealed indictment against you, you can prepare for the possibility of future legal action by:
- Organizing important documents
- Reviewing your legal rights
- Considering potential defense strategies
Be cautious about discussing your concerns with anyone other than your attorney, as anything you say could be used against you. Your communication with an attorney is protected by attorney-client privilege.
Can a Sealed Indictment Be Dismissed?
Like any indictment, a sealed indictment can potentially be dismissed. Possible grounds for dismissal include:
- Lack of probable cause
- Prosecutorial misconduct
- Violation of the defendant’s rights
Once unsealed, the defendant’s attorney can file motions to dismiss based on legal or procedural grounds. In some cases, prosecutors may dismiss a sealed indictment if circumstances change or new evidence comes to light during the discovery process.
How Can Simmrin Law Group Help with Sealed Indictment Cases?
If you’re concerned about sealed indictments or facing criminal charges, we’re here to help:
Legal Guidance
Our experienced attorneys can provide knowledgeable advice on protecting yourself after your indictment is unsealed or if you suspect you have a sealed indictment against you.
Proactive Defense Strategies
We can help you prepare defensive strategies, whether anticipating potential charges or dealing with an unsealed indictment.
Protection of Your Rights
Our team is committed to vigorously defending your rights throughout the legal process, from investigation to trial if necessary.
Comprehensive Case Management
After your indictment is unsealed, we’ll handle all aspects of your criminal defense, including gathering evidence, negotiating with prosecutors, and representing you in court.
Now that you know what a sealed indictment is, here’s what to do if you suspect you have one against you. Contact Simmrin Law Group today to learn more about us and schedule a confidential consultation to discuss your situation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form