coilycat t1_jedifrj wrote on March 31, 2023 at 5:51 AM

Reply to comment by BadSanna in eli5 What does “indicted” mean? by jcw10489

>After an indictment a judge issues an arrest warrant and the police arrest the person and book them into jail.

This seems like the opposite of what u/owmyfreakingeyes said above, where an indictment follows an arrest.

Tufflaw t1_jedrfo9 wrote on March 31, 2023 at 7:52 AM

They can happen in either order.

In New York State, you can be arrested for a felony without an indictment, if the police have probable cause to believe you committed a crime. The charging document is called a Felony Complaint. After the arrest, unless a disposition can be worked out between the DA's office and the defense (such as a guilty plea or reduced charges), the only way for the case to proceed to trial is via indictment. You cannot go to trial in New York on a Felony Complaint.

Alternatively, if a felony is committed, the DA's office can choose to present evidence to the Grand Jury and secure an indictment before the target is arrested, it's known as a De Novo indictment. After the indictment is secured, the defendant is arrested and arraigned on the indictment and the case proceeds exactly the same as if the defendant had already been arrested on a felony complaint.

coilycat t1_jeeabfp wrote on March 31, 2023 at 11:56 AM

Ah, so many things vary by state. I guess that's generally a good thing! Thanks for the explanation.

BadSanna t1_jeen0vp wrote on March 31, 2023 at 1:41 PM

Police can always arrest and detain you if they believe you committed a crime. There is a limit on how long they can hold you this way without an arrest warrant from a judge, though. They have to arraign you as soon as possible in that scenario. Which is why you really don't want to get picked up on a Friday because you coukd end up sitting in a holding cell until Monday and if the holding cells fill up they can book you into jail until your arraignment. Then, even if they take you to court Monday morning, you might sit there all day only for them to never make it to your docket and send you back to where they were holding you until the next day.

People with money and good lawyers will get their docket bumped up the line or even work deals with a judge after hours to get you released on bail or on your own recognizance until your arraignment.

A judge can issue an arrest warrant on their own, but when a grand jury is convened and issues an indictment, the judge presiding over the grand jury will ALWAYS issue an arrest warrant.

I am not a lawyer. This is all information I've picked up from watching police procedurals, true crime and forensic shows/documentaries, and reading about the prison industrial complex.