What Happens After a Federal Indictment?

If you’ve been indicted, you’re probably not sleeping well. You’re wondering how this happened, what’s next, and how bad it’s going to get.

I’ve lived it. And now I help others get through it.

This article is for people who need answers—not platitudes. If you’re looking for a breakdown of what a federal indictment means, what the process looks like, and what steps to take now, you’ll find that here.

What a Federal Indictment Really Means

A federal indictment is the government’s way of saying, “We’ve built a case against you, and we’re moving forward.”

A federal indictment is not a conviction. But let’s be clear: it means prosecutors believe they have enough evidence to win. And in the federal system, they usually do.

According to the Pew Research Center, more than 98% of people indicted by federal prosecutors end up convicted. That number includes guilty pleas, not just trial verdicts. So while an indictment is just the beginning, the odds shift heavily in the government’s favor from the start.

Charged vs. Indicted: What’s the Difference?

You’ll hear both terms, and they’re not the same.

Charged: This can happen through a complaint or an information—usually filed directly by a prosecutor.
Indicted: This means a grand jury reviewed evidence and voted to bring formal felony charges.

If you’re indicted, it means a group of citizens—led entirely by the prosecution—agreed to move forward with formal charges. And no, your lawyer doesn’t get to present your side during that process.

What Happens After A Federal Indictment?

1. The Government Issues an Arrest Warrant

Unless you’ve worked out a voluntary surrender through your lawyer, expect federal agents to show up.

2. You’re Taken Into Custody

Most people are arrested and brought in. In some white-collar cases, you may be allowed to self-surrender. But either way, the next step is court.

3. Initial Appearance in Court

This usually happens within 72 hours. A federal Magistrate Judge will go over the charges, advise you of your rights, and decide whether you’ll be released or held pending trial.

4. Arraignment

You’re formally notified of the charges. This is where you enter a plea—typically “not guilty.” If no plea deal is in place, the court will set a trial timeline.

5. Pretrial Motions and Discovery

Your lawyer gets access to the government’s evidence. The clock starts on building your defense—or negotiating a plea.

Criminal Complaint, Information, and Indictment—What’s the Difference?

Complaint: Used when prosecutors need to act fast. It’s based on a sworn affidavit and gets the ball rolling, but it’s temporary.
Information: A charging document that doesn’t involve a grand jury. It’s used when a defendant waives the right to indictment.
Indictment: The most formal and common method for felony charges in federal court.

Complaints and informations are tools prosecutors use to move quickly or simplify the process—but indictments carry the most weight.

Why Most Federal Cases Don’t Go to Trial

Here’s what you need to know:

More than 90% of federal defendants plead guilty.

That’s not because every defendant is guilty. It’s because the risks of trial are high, and the government controls a lot of the process—timing, evidence, resources, even narrative. And if you go to trial and lose, you’ll likely face a trial penalty—a harsher sentence than you would’ve gotten if you accepted a plea.

Going to trial isn’t about what’s fair. It’s about what you can prove—and what the jury believes.

What Happens If You Don’t Prepare

Doing nothing is a decision. And it usually leads to worse outcomes.

Here’s what we see when people stay passive:

The Presentence Report becomes the default story. If you don’t provide context, the court relies on what’s written by someone who interviewed you once—maybe twice.
You miss opportunities to influence sentencing. Judges have some discretion. But they only use it when they have a reason to.
You run out of time. Once sentencing is scheduled, you can’t go back and rewrite your actions. Either you did the work—or you didn’t.

What You Can Do Right Now

This isn’t about being hopeful. It’s about being useful.

If you’ve been indicted:

Work with your lawyer to understand the case. Don’t try to out-argue the government on your own.
Build a mitigation strategy. Judges want to see what you’ve done since the indictment. Have you taken responsibility? Made changes? Tried to repair damage?
Prepare for the Presentence Interview. That report heavily influences your sentence. Don’t treat it like a formality.
Secure strong character reference letters. They need to be honest, specific, and come from people who actually know you.
Create a concrete release plan. Show the court you’re thinking beyond sentencing—and taking your future seriously.

Five Things You Shouldn’t Ignore

An indictment starts a clock. Every day matters. The earlier you act, the more options you have.
Federal prosecutors have the upper hand. They choose what evidence the grand jury sees. The defense doesn’t get to participate.
Most cases end in guilty pleas. Understand the plea process—and what you’re giving up if you don’t prepare.
Your lawyer can’t do everything. They’ll handle legal strategy. You need to handle your narrative and sentencing preparation.
Preparation impacts sentencing. Probation vs. federal prison, 36 months vs. 18—it often comes down to how you show up.

Start Now, Not Later

There’s no rewind button. Once the indictment hits, you’re in it.

Whether your case ends in a plea or goes to trial, what you do between indictment and sentencing will directly affect your outcome. Judges don’t just sentence cases—they sentence people. The goal is to make sure they see more than the charges.

That’s what we help people do at White Collar Advice. We’re not a law firm. We work alongside lawyers to help people prepare for sentencing, build credibility with the court, and show what they’ve done to change—not just what they’re accused of.