What Happens After a Delaware Grand Jury Indictment?
An indictment by a grand jury can prove to be among the most terrifying experiences in your criminal defense. People rarely understand what it means to be indicted and what the process will entail afterward. The indictment process is widely used in Delaware for felony crimes, where it may have devastating consequences on the lives of accused individuals. If you were recently indicted, you should learn more about this process.
What is a grand jury indictment?
An indictment is the official charge that an individual has violated the law. In Delaware, to establish whether or not probable cause exists for charging someone with the commission of a felony, prosecutors can submit evidence before a grand jury.
Unlike a trial jury, a grand jury neither judges nor convicts. Rather, the role of the grand jury panel involves reviewing the evidence submitted by the prosecution to establish the existence of sufficient evidence to proceed with the case.
In contrast to trial court proceedings, a grand jury is held in secret. Neither the defendant nor their lawyer is generally present. The prosecutor is basically persuading the grand jury to allow the state to move forward with its case.
What happens after an indictment?
After the grand jury returns an indictment, the criminal process continues in the courts. There are various options depending on your situation.
Arrest and summons
In certain instances, the filing of an indictment is followed by the issuance of an arrest warrant. The police can arrest the accused right after the return of the indictment. There are also instances where a summons is issued to compel the defendant to report to court on his own free will.
Arraignment
Following an arrest or the receipt of a summons, the accused appears in court for arraignment. In such a proceeding, the criminal charges are read to the accused, who then responds by pleading guilty or not guilty.
Bail, release conditions, and restraining orders are among the matters that can be raised during the arraignment phase.
Discovery and evaluation of the prosecution’s evidence.
In the next stage, the criminal defense lawyer starts examining the evidence against the accused. Such evidence includes:
- Police reports
- Witness statements
- Video recordings
- Forensic evidence
- Digital evidence
- Lab test results
Can an indictment be challenged?
Despite substantial authority, indictments are not exempt from being legally challenged. Challenges to indictments may include:
- Inappropriate evidence
- Violations of constitutional rights
- Warrant deficiencies
- Prosecutorial misconduct
- Insufficient evidence in certain situations
Depending on the situation, it is possible to reduce or drop charges altogether.
Why early representation matters
If you have been indicted by a grand jury, the prosecution likely has sufficient evidence against you. However, an indictment does not necessarily mean you’ll be convicted, and there are various protections available under the Constitution. Having a skilled Wilmington criminal defense attorney can make all the difference.
Talk to a Wilmington, DE, Criminal Defense Lawyer Today
Michael W. Modica represents the interests of the accused in criminal prosecutions. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
