A sealed indictment is a formal non-public accusation filed by the prosecutor against the prospective defendant stating that he/she has committed a crime. Unlike a normal indictment, a sealed indictment is not shown on public records and it remains sealed until a public official deems it necessary. For example, a sealed indictment maybe unsealed once the defendant is arrested or has been notified by the detective to surrender.
A sealed indictment is generally filed when the prosecutor for whatever reason, does not wish to alert the prospective defendant the fact that criminal charges are being investigated against him/her.
A sealed indictment is filed when elaborate cases that usually involve a handful of conspirators, are involved. In crimes such as money laundering, bank fraud, and wire fraud, Prosecutors would aim towards filing a sealed indictment against the defendants.
Many laypersons may misconstrue that the prosecutor is obligated to notify the prospective defendant of a pending indictment. But this is not the case; the prosecutor can present the felony case directly to the Grand Jury without having first file the indictment in New York City Criminal Court.
If you believe that you are currently being targeted for a grand jury proceeding in New York State, then call our office at (212) 577-6677 to get professional legal assistance.
