Legal Question in Criminal Law in Indiana
Federal Drug Case
If you are indicted on a drug case and are detained. None of the clients have went to court. Can the U.S. Attorney go back to court and draw up a new indictment? In addition, take some of the people off of the new indictment and no one has been to court.
1 Answer from Attorneys
Re: Federal Drug Case
The short answer is yes, the U.S. Attorney can bring new or different charges. If you are detained, then you have appeared in court (probably before a Magistrate Judge rather than a District Judge). The U.S. Attorney can alway present a (proposed) new indictment to the Grand Jury. The fact that your co-defendants may not have appeared in court yet does not matter.
Federal criminal court is much different than state court. Make sure you have an attorney with federal criminal court experience representing you.
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