What is the difference between a federal indictment and a state indictment?

When a person is accused of a crime, they may be subject to either a federal or a state indictment. An indictment is a formal accusation that initiates a criminal prosecution—it is a document that charges a person with a criminal act or an offense. The main difference between a federal indictment and a state indictment is that federal indictments are typically used when a defendant is charged with a violation of federal laws, while state indictments are used when a defendant is charged with a violation of state laws. In New York, federal crimes are usually prosecuted by the United States Attorney, which is part of the U.S. Department of Justice. In contrast, state crimes are prosecuted by the District Attorney in each county. The process for a federal indictment begins when a federal grand jury hears the evidence presented by the prosecuting attorney. The grand jury then decides if there is enough evidence to charge the defendant with a federal crime. A federal indictment must be returned unanimously by the grand jury. On the other hand, for a state indictment, the process begins when the District Attorney presents evidence to a criminal court judge. The judge then decides whether or not there is enough evidence to issue a charging document, also known as an “accusatory instrument.” A state indictment does not need to be unanimous, and the decision is made by the judge. In both cases, an indictment is the first step of the criminal process. Both a federal indictment and a state indictment can lead to criminal trials, but the processes for these two types of indictments are different.

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What is the difference between a federal indictment and a state indictment?

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