By Guest & Gray
Being indicted in a federal case is often portrayed in the media as the beginning of the end for a defendant. But the reality is more nuanced. Understanding what an indictment actually means – and what it doesn’t – can help you protect your rights and make informed decisions early if you or a loved one face federal scrutiny.
In one recent example, the widely reported arrest of a man in Washington, D.C., who allegedly threw a sandwich at a public figure ended without a typical indictment, reminding us that the process is not automatic.
1. Quick Overview: The Federal Criminal Process
The federal criminal process generally follows these steps: investigation, charging, initial hearing/arraignment, pretrial and discovery, plea or trial and potentially sentencing. One key moment is the decision whether to bring formal charges, either by an information (in some instances) or by an indictment, which is common in federal felony cases.
2. What Exactly Is a Grand Jury Indictment?
An indictment is a formal accusation issued by a grand jury. According to the University of Washington School of Law, a grand jury’s role is not to determine guilt but to decide whether there is probable cause to believe someone committed a crime.
So:
- The standard is lower than “beyond a reasonable doubt.”
- The process is often secretive, and the target may not even know the grand jury is investigating.
- An indictment does not mean the person is guilty — it means charges will proceed.
In the “sandwich thrower” example, the grand jury chose not to bring an indictment, showing that even seemingly arrest-worthy conduct does not guarantee federal charges.
3. Why an Indictment Matters
Here are key consequences when someone is indicted:
- Once indicted, a defendant is formally accused of federal felony-level charges and must respond.
- The case can move forward toward plea bargaining or trial.
- A federal record of indictment can have serious collateral effects — loss of employment, restrictions on rights (gun ownership, travel), reputational harm.
- For our clients, first contact from the government should trigger immediate attention: you’re no longer just “under investigation.”
4. Why Sometimes Charges Are Not Filed
Using the “sandwich thrower” case as a real-world lesson: despite the arrest and public attention, the Grand Jury refused to indict multiple times although the incident was well documented. The grand jury has the ultimate review of the prosecutor’s requests for an indictment.
Reasons might include insufficient evidence, higher priority cases, or strategic considerations. Bottom line: being investigated is not the same as being indicted — yet the line between them can be thin, and the risk remains.
5. What You Should Do if You Face Federal Scrutiny
Here are actionable steps:
- Do not ignore contact from federal agents or prosecutors. Early engagement is key.
- Retain experienced federal defense counsel. Federal rules, sentencing guidelines, and grand jury procedures complicate cases.
- Preserve evidence and document everything — notes, emails, relevant communications.
- Avoid speaking to investigators without counsel. Innocent mistakes can trigger serious consequences.
- Consider collateral effects (employment, licensing, immigration) — an indictment may trigger deadlines where counsel can help.
At Guest & Gray, our federal defense and post-conviction team guides clients through investigations, decisions not to charge, indictments, plea negotiations, and trial strategies. If you or someone you know is facing federal scrutiny — or simply wants a proactive review — contact Jeremy Gordon, Esq. at jeremy@guestandgray.com or visit our Federal Criminal Defense page for a confidential case evaluation.
