With the full weight of the federal government bearing down on you, facing a federal indictment might seem like an impossible task. However an indictment does not equal a conviction. If you’re facing an indictment, you may wonder “can federal charges be dropped?”.
It is a difficult road, but with help of an experienced federal criminal defense attorney, it is indeed possible to have federal charges dropped.
What Does it Mean to Be Indicted on Federal Charges?
Receiving a federal indictment is a serious matter, however it does not mean that a defendant has been convicted or found guilty. An indictment is simply a formal accusation by the government of a felony crime allegedly committed by the defendant.
The federal indictment process is lengthy, beginning with a federal investigation. Law enforcement agents and federal attorneys work together to determine if a crime was committed and who is responsible.
When the federal government feels it has enough evidence to move forward, the prosecution will summon a grand jury to hear the case.
The grand jury is composed of 16-23 citizens, who will hear the government’s evidence including documents, physical evidence, and witness testimony. The proceedings are held in private, with the defendant typically not present. This is to protect both the defendant’s identity, as well as protect witnesses from retaliation.
In most federal grand jury cases, at least 12 jurors must decide that there is enough evidence for the case to move forward. If the grand jury decides that there is enough evidence to bring the case to trial, an indictment will be issued to the defendant.
Under federal law, the trial must begin within 70 days of the indictment being filed. Once filed, the government has a responsibility to share the evidence they intend to use at trial with the defendant. At this juncture, the defense attorney will review the case and their options with the defendant.
Can Federal Charges be Dropped After an Indictment?
Once an indictment has been filed, can federal charges be dropped? The answer is yes, however getting them dropped is not an easy process. It takes a highly experienced attorney and the right circumstances to get federal charges dropped.
After receiving an indictment, there are a few different circumstances that can result in dropped federal charges or federal court case dismissals.
Pre-trial Dismissal
Receiving a pre-trial dismissal is typically a best case scenario. A dismissal may be granted if there is a lack of solid evidence; if there is a violation of the defendants rights by the prosecution; if the prosecution has made some form of procedural mistake; if the prosecution does not have the time or resources available to pursue the case further.
Plea Bargain Agreement
A plea bargain is a way of pleading guilty to lesser charges than what a defendant was initially indicted for. One common example of a plea bargain is a reduction of charges, from a felony to a misdemeanor. By accepting a plea bargain, lesser penalties will be enforced while also avoiding a lengthy and costly trial.
Insufficient Evidence
The more experienced your defense attorney, the better chance they have at discovering weaknesses in the prosecution’s case. An experienced attorney will be able to challenge the credibility of witnesses to uncover biases or inconsistencies in their testimony. They may also question the reliability of evidence gathering methods. An experienced defense attorney also has a higher likelihood of identifying suppressed or withheld evidence that could exonerate a defendant.
Prosecutorial Misconduct
The prosecution has a responsibility to follow the rules of procedure to ensure a fair trial. Some forms of prosecutorial misconduct include withholding evidence; interfering with, bribing, or threatening witnesses; making false statements, or inflammatory arguments. When prosecutors break these rules, it can result in a dismissal of a federal indictment.
Pre-trial Motions and Discovery Issues
A pre-trial motion is a formal request made by either defense or prosecution before the trial begins. When used strategically by an experienced defense attorney, a pretrial motion can be used to request a motion to dismiss the trial based on legal grounds, exclude certain evidence, or request more time. Discovery issues can also be raised by the defense, after reviewing the evidence and materials provided by the prosecution. Raising discovery issues and using pre-trial motions effectively are key in getting a federal court case dismissed.
Dropped Federal Charges vs. Federal Court Case Dismissal
Are dropped charges the same as dismissed charges? While the two terms are similar, they each have different meanings.
When a case results in dropped federal charges, what that means is the prosecution has decided not to pursue the case any further.
This may be done because of a lack of evidence, resources, or any other reason the prosecution decides. However, charges may potentially be refiled if new evidence later surfaces (unless the case was dropped due to a plea bargain being reached).
On the other hand, a federal court case dismissal can only be initiated by a judge of the court. A dismissal of a federal indictment can occur when there have been procedural errors on the part of the prosecution, or if the judge feels there is a lack of evidence. A federal court case dismissal may also occur when there has been a clear violation of the constitutional rights of the defendant.
Both dropped federal charges and federal court case dismissal signal the end of a trial, but only a dismissal is final.
The Importance of Hiring a Skilled Federal Criminal Defense Attorney
Because federal criminal charges are extremely serious, it is imperative that you choose an experienced defense attorney to represent you.
Federal law is extremely complex, and an experienced attorney will understand the intricacies of federal law. Court procedure also differs at the federal level, so having a defense attorney who is familiar with these differences is crucial.
Not only that, but an experienced federal criminal lawyer will have the investigative and negotiation experience needed to thoroughly examine the prosecution’s evidence for holes that can be used to build your defense.
When it comes time to represent you in court, a highly skilled federal defense attorney is your best chance to get your case dropped or dismissed.
Conclusion
Receiving a federal indictment is frightening, but understanding your options from the get-go is crucial. Getting your federal charges dropped or dismissed is difficult, but not impossible. That’s why it is so critically important to hire a skilled federal criminal defense attorney.
With over 17 years of experience defending against white collar and federal criminal charges, Sami Azhari has the skill and experience to help you through the federal indictment process.
Contact Azhari LLC today for a confidential consultation regarding your federal charges, and let us create a defense strategy tailored for your needs.
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