Legal Question in Criminal Law in Virginia

Re: Sealed Indictment

Yes, it is possible to be indicted and not know about it, under a sealed indictment.

In fact, if the person has left the country, it might be better for them not to know about it, because otherwise they might be additionall accused of fleeing the country to avoid justice.

However, if the indictment is going to cause any trouble while someone is out of the country or crossing borders, then it would have to show up in the computer systems used by border agents and passport control.

There are services that will search databases -- not just a background check of convictions, but law enforcement for any warrants outstanding.

The person is not going to be stopped anywhere, in the USA or anywhere else, if the indictment is completely secret, because even the police won't know about it.

So if there is an effort to arrest or apprehend someone, eventually it will probably show up as a warrant alerting police, customs/border/passport agents to be on the lookout. It cannot remain completely secret and be useful.

Now, there may be other reasons for keeping it sealed, such as first the police want to take down an entire network of mafia or a gang or something, and only then start to prosecute.

At some point, there may be issues about the right to a speedy trial. But I think being outside of the country might frustrate the exercise of those rights. That is, if one flees the jurisdiction, time limits may stop because the person is unavailable.

If anyone you know has reason to believe they might be indicted for something, they should engage a good criminal defense attorney, which can be done even if they are not in Virginia, to prepare a defense in case the person is arrested. One of the problems with the passage of time is that witnesses forget and evidence is lost.

Re: Sealed Indictment

Whether the indictment is (or is not)under seal would be unlikely to have anything to do with whether the indicted one was here or abroad. Whether and how long an indictment remains under seal is usually within the discretion of the court.

As to the last question, one would know he or she had probably been indicted(though under seal) when a U.S. Marshal(or other law enforcement) shows up uninvited at one's doorstoop with an arrest warrant and the dangling steel bracelets.