What is a Sealed Indictment?

A sealed indictment is a legal document that is filed by a prosecutor and allows the District Attorney’s office to bring criminal charges against an individual or group of individuals. The key difference between a regular indictment and a sealed indictment is that the latter is kept secret from the public until the defendant is arrested or brought to court. This means that the charges contained in a sealed indictment are not made known to the accused, his or her San Marcos criminal defense attorney, or the general public.

The Complexity of Sealed Indictments

Sealed indictments can be quite complex and involve a number of legal considerations. In order to obtain a sealed indictment, a prosecutor must convince a judge that it is necessary to keep the charges secret in order to prevent the accused from fleeing, tampering with evidence, or harming others. This is especially common in cases involving organized crime, drug trafficking, terrorism, and other serious offenses.

The decision to file a sealed indictment is made by the prosecutor after a thorough investigation has been conducted. Once the indictment is sealed, it is delivered to law enforcement agencies who can then proceed with the arrest of the accused without prior notice. This element of surprise is intended to prevent the accused from evading capture.

Why Sealed Indictments Are Used

Sealed indictments are an important tool for law enforcement and prosecutors for a number of reasons. First and foremost, they allow investigators to gather evidence and build a strong case against the accused without tipping them off. By keeping the indictment sealed, law enforcement can continue their investigation, uncovering additional evidence and witnesses without interference.

Sealed indictments also serve the purpose of protecting witnesses and informants who may be at risk if their cooperation were to become public knowledge. In high-stakes cases involving criminal organizations or dangerous individuals, maintaining the secrecy of the indictment is crucial to the safety of those involved in the case.

Additionally, sealed indictments help to ensure a fair trial. By withholding the charges from the public until the accused is brought before a judge, the prosecution aims to prevent potential bias from spreading through media coverage or public opinion. This allows the defendant to be judged solely on the evidence presented in court, rather than public perception.

The Implications of Sealed Indictments for the Accused

If you or someone you know is the subject of a sealed indictment, it is important to understand the potential consequences. The fact that an indictment is sealed means that the charges have not been disclosed to the accused, their attorney, or the general public. This can create a significant amount of uncertainty and anxiety for the accused, as they are not aware of the specific allegations against them. Once the sealed indictment is unsealed and the accused is brought before a judge, they will be informed of the charges and will have the opportunity to defend themselves. 

Contact the San Marcos Criminal Defense Attorneys at Mendoza Law

If you or someone you know is facing the uncertainty of a sealed indictment, it is important to hire a San Marcos criminal defense attorney as soon as possible. The Mendoza Law Firm is here to help. Our team of dedicated and experienced attorneys handles all types of criminal defense, including sealed indictments. Reach out now for a free legal consultation.