What is the US Indictment? Meaning, process and legal effect

An indictment by a U.S. federal court is a formal legal charge prepared by a grand jury that accuses a person of committing a federal crime. This indicates that the government presented enough evidence to convince the grand jury that there was probable cause to believe the person committed the crime. This is an important step in initiating criminal proceedings in the US federal justice system.

WHAT IS THE CLAIMING PROCESS?

A grand jury of citizens is evaluating the evidence presented by prosecutors. This process is confidential to protect the defendant’s reputation before charges are formally filed.

The grand jury must find probable cause, which is a reasonable basis to believe that a crime occurred and the defendant is responsible.

TYPES OF CRIME

The federal indictments cover crimes that violate U.S. federal laws, such as fraud, tax evasion, drug trafficking, cybercrime, terrorism and organized crime.

What is the content of the indictment?

• Special Charges Under US Federal Law: Specific crimes for which the defendant is charged, citing the laws violated.
• Real Matrix: A summary of the alleged criminal conduct of the accused person or persons.
• Supporting Evidence: Evidence presented by the prosecution that, although not exhaustive, is sufficient to establish probable cause.

LEGAL CONSEQUENCES OF A SITUATION CLAIM FROM THE US FEDERAL COURT

• Presumption of Innocence: Indictment is NOT conviction; The defendant is presumed innocent until proven guilty in court.
• hearing: Following the indictment, the defendant must appear in court where the charges are read and the defendant may plead guilty or not guilty.
• Hearing: If the case continues, it goes to trial, where prosecutors must prove guilt beyond a reasonable doubt.

CLAIM AGAINST AN INDIAN CITIZEN BY THE US FEDERAL COURT

• Applicability of U.S. Jurisdiction:

The United States ONLY has jurisdiction over crimes committed on US soil or against US citizens.

Crimes such as fraud, corruption, money laundering, terrorism and drug trafficking are generally covered by the extradition agreement.

For extradition to occur, the alleged crime must be deemed illegal in both the US and India.

WHAT IS THE LEGAL PROCESS AFTER A CLAIM IS FILED AGAINST A PERSON?

1. Issuance of Arrest Warrant:

   • Following an indictment, a U.S. court usually issues an arrest warrant for the defendant. This order formally authorizes law enforcement to detain the defendant.
   • A search warrant ensures that the defendant can be brought before the court for a hearing (to hear charges and enter a plea).

2. If the Defendant is Outside the United States:

   • Interpol Red Notice: After an arrest warrant is issued, US authorities may request Interpol to issue a Red Notice. A Red Notice is a global alert sent to law enforcement that a person is wanted for prosecution or sentencing.
   • In countries like India, a Red Notice does not automatically compel the accused to respond or be arrested. Before making any arrests, Indian authorities decide whether to act on the Red Notice and verify the validity of the charges.

WHAT IS THE RETURN PROCESS?

Before formally requesting extradition, U.S. authorities must compile the evidence against the defendant and ensure that the evidence supporting the charges meets the requirements of the agreement. US officials will then consult with Indian officials and verify that the charges comply with the principle of double criminality (this act is a crime in both countries). Finally, US officials will make a formal extradition request through diplomatic channels.

Indian authorities will evaluate the request according to domestic law and the terms of the agreement, and Indian courts may be tasked with holding hearings to decide whether the evidence supports extradition.

CAN A RETURN BE REJECTED?

Yes, the Indian government may refuse to extradite a person under the following conditions:

• Political Crimes: Crimes deemed political cannot be grounds for extradition.
• Human Rights ConcernsExtradition may be denied if there is a risk of torture, unfair trials or death penalty in the US
• Insufficient Evidence: If the evidence presented by the USA is insufficient, extradition of criminals is not possible.

WHAT MAY BE THE LEGAL CONSEQUENCE AGAINST THE DEFENDANTS?

• An indictment could lead to the issuance of an arrest warrant, which could restrict the defendant’s travel to the United States and countries with which he cooperates.
• The U.S. government may freeze assets or funds connected to defendants that fall within its jurisdiction.