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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience:  over 20 years of legal and professor of law experience
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How do I find out if I am getting an indictment

Customer Question

How do I find out if I am getting an indictment??
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 8 years ago.
What is your state?
Customer: replied 8 years ago.
How do I find out if I will be getting a federal indictment, I have already looked on PACER.The state is North Carolina!
Expert:  Daniel Solutions replied 8 years ago.
The Fifth Amendment to the U.S. Constitution provides that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury…." . Therefore grand juries are often used in charging federal crimes. However, states often use a "preliminary hearing" held by a lower court judge or other magistrate in place of a grand jury to determine whether the prosecutor has presented sufficient evidence that the accused has committed a felony. If the judge finds enough evidence that the accused committed a crime, the case will be ordered to be sent to the appropriate court for trial.

A sealed indictment an indictment that is sealed so that it stays non-public until it is unsealed. This can be done for a number of reasons. It may be unsealed, for example, once the named person is arrested

As you can see there is not guaranteed way to find out you're indicted until you receive notice to appear in court or you're arrested.