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Montgomery County Indictments

Indictments in Montgomery County criminal cases involve a person having their case sent to a grand jury. The grand jury meets in secret to review the evidence and information in a case. The grand jurors then make a determination about whether there is enough evidence and information to move the case to circuit court for criminal prosecution. A criminal defense attorney who has experience with Montgomery County indictments could help a defendant prepare for arrest and trial.

Awareness of an Indictment

In some cases an indictment may be sealed when it is sent to a grand jury. In those circumstances, a defendant would likely not realize that they have been indicted until the grand jury then returns the indictment to the public. However, this does not always happen. In other cases, a defendant is fully aware of the charges and must simply wait until the grand jury testimony is complete.

Arrest Process

What happens during the period of time leading up to an arrest depends on whether or not probable cause is established. Sometimes, an attorney or a defendant receives a phone call or other information that they may be charged. They may be given an opportunity to turn themselves in on the charges, present themselves for assignments, or at least be aware of the fact that they are going to be arrested. Often, however, that is not the case, and people are arrested around the time the alleged events transpire without realizing beforehand.

Someone might know they are going to be arrested when there is a warrant out for their arrest. They could be tipped off by things that are going on around them, such as family members being asked questions about a particular event or incident that transpired. Those kinds of clues might be made available to somebody to give them an idea that an arrest for some alleged conduct is imminent.

Defendant’s Rights

A person’s rights before they are arrested following an indictment are the same as anyone else’s rights pre-arrest. They have the right to remain silent, and the right to not incriminate themselves under any circumstances. The responsibility rests solely on the government to prove the case beyond a reasonable doubt and establish probable cause. Most importantly, arrestees have a right to counsel. If someone suspects they are going to be arrested, they should not wait until the arrest takes place to contact a lawyer. They need to take action and make a decision about who is going to represent them before an arrest occurs.

Contact a Lawyer Who is Experienced with Montgomery County Indictments

If you have been indicted or you believe that an indictment is imminent, contact an experienced criminal defense attorney right away. A lawyer could prepare for your case and work with you to avoid damaging mistakes such as self-incrimination. Montgomery County indictments are often the firsts step to a criminal trial, and you will need skilled legal representation to preserve your freedom and avoid a conviction.