How do they go about these kinds of matters? Is there a date that these have to be issued by? I apologize for being illiterate on court procedures. I’m more filled in on “the politics” of things
What is the question? Seal indictments will remain sealed until a warrant for arrest has been made or the magistrate judge handling the case is convinced the accused is not a flight risk -- as in already in custody or arrested and released before trial. If they are prosecuting people for felonies or criminal racketeering, then unsealing one could threaten the case for everyone.
It's a game of dominoes.
Until they are ready to proceed, don't expect to know or see anything more than ongoing and increased activity of sealed indictments.
While it depends on jurisdiction and the crime committed, an indictment does not have a ticking clock on it. Some remain sealed for years -- and some remain sealed even after a defendant's initial arraignment in court. A good defense lawyer could argue that all persons accused of a crime are entitled to a fair and speedy trial...and should a court find that a person's 6th amendment rights have been violated, the indictment or charge must then be dropped.
BUUUUUUUUUUUT it's a chicken and the egg kind of deal...'coz while that applies to most indictments, SEALED indictments by their very nature imply the defendant himself (or herself) isn't even aware that a case is pending against them. And therefore, there is no trial yet to be delayed...
Bottom line: a sealed indictment will remain sealed until (1) the accused is arrested and charged with a crime AND (2) the judge believes unsealing the indictment won't interfere or negatively impact any related cases. There are instances, however, where sealed indictments remain so -- by agreement of the government and defendant's counsel -- even after that person has been arrested and arraigned.
Co-conspirators to a crime may appear on different indictments, so if one is unsealed, it can lead to others being sniffed out and may bring the whole case down or allow other defendants to escape justice.
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ARsandOutdoors ago
How do they go about these kinds of matters? Is there a date that these have to be issued by? I apologize for being illiterate on court procedures. I’m more filled in on “the politics” of things
think- ago
From what I remember, they can stay sealed for several years (although most of them don't).
We had an expert here, who explained these things very well, @Lawyer4Justice. Where is he gone?
HugoWeaving ago
What is the question? Seal indictments will remain sealed until a warrant for arrest has been made or the magistrate judge handling the case is convinced the accused is not a flight risk -- as in already in custody or arrested and released before trial. If they are prosecuting people for felonies or criminal racketeering, then unsealing one could threaten the case for everyone.
It's a game of dominoes.
Until they are ready to proceed, don't expect to know or see anything more than ongoing and increased activity of sealed indictments.
think- ago
Thanks for your reply. I wondered whether there's any limit in time the sealed indictments have to be unsealed - like 10 years or so?
And do you think the alleged high number of sealed indictments is somewhat unusual?
HugoWeaving ago
While it depends on jurisdiction and the crime committed, an indictment does not have a ticking clock on it. Some remain sealed for years -- and some remain sealed even after a defendant's initial arraignment in court. A good defense lawyer could argue that all persons accused of a crime are entitled to a fair and speedy trial...and should a court find that a person's 6th amendment rights have been violated, the indictment or charge must then be dropped.
BUUUUUUUUUUUT it's a chicken and the egg kind of deal...'coz while that applies to most indictments, SEALED indictments by their very nature imply the defendant himself (or herself) isn't even aware that a case is pending against them. And therefore, there is no trial yet to be delayed...
Bottom line: a sealed indictment will remain sealed until (1) the accused is arrested and charged with a crime AND (2) the judge believes unsealing the indictment won't interfere or negatively impact any related cases. There are instances, however, where sealed indictments remain so -- by agreement of the government and defendant's counsel -- even after that person has been arrested and arraigned.
Co-conspirators to a crime may appear on different indictments, so if one is unsealed, it can lead to others being sniffed out and may bring the whole case down or allow other defendants to escape justice.
think- ago
Wow, great, thank you for your reply!