Can You Still Get Sentenced to Jail After an Indictment in the US? - 2014
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Can You Still Get Sentenced to Jail After an Indictment in the US?
As witnessed in recent high-profile cases, the topic of indicted individuals avoiding jail sentences has become increasingly trending in the US. Question marks surround the very notion of whether a charged individual can still face punishment or rather evade it once an indictment is handed down. While the reaction might vary depending on several factors, this particular discussion gained widespread attention post the filing charges in several cases this year.
Why this topic is gaining attention in the US
The primary reason behind this expensive uproar is that many a time, once an individual is indicted, it becomes presumed that they are on their way to trial and subsequently to a jail. This preconceived notion, unfortunately, fails to reveal the fact that there is a thin line between being indicted and actually serving a jail sentence.
How it works
To delve deeper into the world of US law, an indictment occurs when a grand jury brings official charges against a person. This indictment drafts out its presence, but it is clearly different from a conviction. Conviction comes into effect once the very same individual is proved guilty in an actual court of law. This significant difference highlights the need to disassociate the two completely.
Common questions
Q: Does being indicted mean I'm going to jail?
No, the two are distinct processes in the US legal system. An indictment marks the beginning of proceedings against you whereas a jail sentence requires a deeper conviction. If you have been indicted, it doesn't directly mean you will be in jail.
Q: What are the different types of indictments in the US?
There are several types, including a true bill (or a regular indictment), a no-bill (akin to a grand jury dismissing the charges), a sealed indictment (for those allegations that, if true, could be grounds for embarrassing prosecutions, for example), and an indictment that is illegally obtained (thanks to an unfair procedural mistake).
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Q: How do I avoid going to jail if I've already been indicted?
Not everyone can sidestep jail time, but by engaging with a defense attorney, he can explain your rights in greater detail and what direct influences can accurately shift the scales in your favor.
Q: How can I know if my indictment is sealed?
To verify, look out for a case docket number attached to the indictment.
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