After a New York indictment, the defendant faces formal felony charges. Many defendants have already been arrested and arraigned in local criminal court before the indictment. Once indicted, the defendant is arraigned on the indictment in superior court, where a judge addresses release conditions, and the defendant enters a plea. If pleading not guilty, the case proceeds to a jury or bench trial where the prosecution must prove guilt beyond a reasonable doubt.
An indictment occurs when a grand jury formally decides that there is enough evidence against an individual to accuse them of a felony crime and begin a criminal case. Once an indictment is made, the official process of charging an individual for the crime begins.
A New York criminal defense attorney is necessary to protect your rights and guide you through your legal options following an indictment. However, an indictment is not a determination of guilt or even the beginning of the trial. It is still an exceptionally stressful experience, and it’s essential you retain exceptional legal counsel if you are indicted.
You are still able to plead not guilty and build a defense against the charges.
What Is the Grand Jury’s Role?
The grand jury does not meet to determine if the potential defendant is innocent or guilty. The prosecutor will present the grand jury with evidence, and the jury will decide if there is enough evidence to begin the formal legal process.
In New York, felony charges must be brought to a grand jury unless the defendant waives that right, although this is not the case in every state.
The grand jury, if they vote that there is enough evidence against the defendant to try them in court, will then write out the specific charges filed against the defendant. This statement of charges is the indictment that is issued.
At least 12 of the 23 grand jurors must agree that the evidence provides reasonable cause before they can vote to indict. That standard is described in the New York State Unified Court System’s own grand jury guidelines.
Process After Indictment
After an indictment, a New York felony criminal case will likely follow these steps:
- Formal Charges
The indictment is issued with a list of formal charges against the defendant, which then begins the process of a criminal case. The defendant is provided with formal notice of the charges against them. It is in the defendant’s interest to obtain legal counsel as soon as possible after receiving notice of formal charges. - Arrest
An arrest may not always occur after formal charges, particularly if the charge is a non-violent felony and the defendant is not a flight risk. However, when the grand jury issues the indictment, it may also set a bond for the defendant, which could result in an order for arrest. - Arraignment
Arraignment on the indictment takes place in superior court after the indictment is filed. Many defendants will already have appeared once in local criminal court after their arrest.
The defendant is:- Informed again of the charges against them
- Granted or denied bail
- Told their rights, including the right to an attorney and the right to a preliminary hearing
- Provided their next court date
The judge determines whether to grant or deny bail to the defendant based on their prior criminal history, their time spent living at the location, and their potential danger to the general community. At the arraignment, the defendant must also plead guilty or not guilty to the charges they are faced with.
- Trial
If the defendant pleads not guilty, the case proceeds to jury trial. If the defendant pleads guilty or no contest, the case doesn’t go to trial. It’s essential for a defendant to talk through their legal options with an experienced attorney to determine what the ideal route is for their case. Felony charges are incredibly serious and can have life-long impacts on an individual’s future. At the trial, a jury is selected, which is a trial jury, and not the grand jury. The defendant can also waive their right to a jury trial and take a bench trial or a judge-only trial.
Both the defense and the prosecution present their opening statements and their side of the case. The prosecution has the burden of proof and must prove guilt beyond a reasonable doubt. After both sides have presented their case, the judge or the trial jury will decide the defendant’s guilt.
Each stage moves the case toward resolution, whether through a negotiated plea, a dismissal, or a verdict at trial.
What to Do After You Learn You Have Been Indicted
An indictment can move quickly, and what happens in the first few days often shapes the rest of the case. A few steps matter most once you know you have been indicted:
- Contact a criminal defense attorney right away: Early legal advice can affect bail arguments, plea discussions, and how evidence gets challenged later.
Avoid speaking with police or investigators alone: Anything said before you have a lawyer present can be used against you at trial.
- Gather records that relate to the charges: Texts, emails, receipts, and witness contact information can matter later and are easier to collect early.
- Prepare for the arraignment timeline: Know your court date, understand the bail process, and be ready to enter a plea.
Acting quickly after an indictment gives your attorney more time to review the evidence and build a defense before the case moves forward.
Protecting Your Rights Against Felony Charges in New York
A felony conviction can result in years in prison, hundreds or thousands in fines, and a criminal record. This can alter your immediate future and opportunities after you have completed the criminal penalties.
The most effective way to avoid these life-altering consequences is to hire a criminal defense attorney with significant experience and understanding of felony laws in New York.
Robert Tsigler, the firm’s founder, began his career as an intern at the Kings County District Attorney’s Office before founding the Law Offices of Robert Tsigler, PLLC. That gives him insight into how prosecutors build and present felony cases to a grand jury.
Frequently Asked Questions
How Long Do They Have to Indict You in New York?
New York’s speedy trial statute, Criminal Procedure Law section 30.30, requires the prosecution to be ready for trial within six months of when a felony case begins. It is not, by its own terms, a hard deadline to secure an indictment by a specific date. Because a felony case cannot move toward trial without an indictment, this six-month clock puts real pressure on prosecutors to bring the case to a grand jury well before that window closes.
Delays caused by defense motions or a defendant’s own request for more time can pause the clock and extend the deadline. Federal cases follow a separate timeline under the federal Speedy Trial Act, so the schedule can look different when charges are brought in federal court instead of New York state court.
What Is the 45-Day Indictment Rule in New York?
When a defendant is held in jail on a felony complaint, Criminal Procedure Law section 190.80 generally requires the prosecution to present the case to a grand jury within 45 days of that confinement.
If the 45 days pass without any grand jury action, the defendant can ask the court to release them on their own recognizance. A judge can still deny that request if prosecutors show good cause for the delay, such as the unavailability of a key witness.
This rule applies to defendants held in custody. It does not set a deadline for defendants who have already made bail.
What Is the Difference Between an Indictment and a Charge in New York?
In New York, a person is often first charged by a felony complaint after an arrest. An indictment is the formal written accusation, voted by a grand jury, that charges the defendant with one or more felonies and allows the case to proceed to trial in superior court. When presenting the case to the grand jury, the prosecutor will present evidence and information in a similar manner to a trial.
What Does Indictment Mean in New York?
An indictment occurs when a grand jury decides there is enough evidence to formally charge a defendant with a felony. A grand jury meets when a prosecutor wishes to charge an individual with a felony and must first present their case and evidence to the grand jury. Felony charges in New York go through this process unless the defendant waives it. A grand jury will hear the evidence and determine if a felony charge can be filed. The defendant isn’t usually present, but has the right to testify before the grand jury after giving proper notice and may bring a lawyer into the room for that testimony.
What Happens If You Are Arrested but Not Yet Indicted?
Under Criminal Procedure Law section 180.80, a defendant held in custody on a felony complaint generally cannot be kept in jail for more than 120 hours without either a grand jury indictment or release. The limit is 144 hours if a weekend or holiday falls within that period. If prosecutors do not meet that deadline, the defendant can ask the court for release on their own recognizance while the case continues. This rule does not erase the charges. It simply stops the state from holding someone in jail indefinitely before a grand jury has reviewed the evidence.
What Happens If a Grand Jury Does Not Indict in New York?
If the grand jury does not find enough evidence to issue an indictment, Criminal Procedure Law section 190.75 requires the grand jury itself to dismiss the charge. A dismissal at this stage does not always end the matter for good. With the court’s permission, a prosecutor can resubmit the case to a new grand jury if new evidence or a stronger presentation becomes available. An attorney familiar with this process can help you understand whether a dismissal is likely to be final or whether the prosecution may try again.
Talk to a New York Criminal Defense Attorney About Your Case
Facing a felony indictment does not mean the case is decided. The right defense strategy can mean the difference between a dismissal, a favorable plea, or an acquittal at trial. Reach out today to discuss the charges you are facing and the options available to you.
