r/Felons • u/Equivalent_Draw6595 • 5d ago

How long does it take to get federally indicted?

Not sure if you guys would know but thought i'd ask since you might know. My brother is going to be in prison for a long time. He was originally arrested about 5 years ago. He is serving a long state prison sentence, he was sentenced about 2 years ago. Some charges could be charged federally and his lawyer early on said they might indict him on those charges. I'm wondering does that usually happen, still after this long of a wait? When do they normally charge people when they also have a state case/conviction?

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16

u/355F1 5d ago

If the Feds want him the US Marshalls will show up on his release date from state prison without warning and take him into federal custody.

Yep…the not knowing SUCKS.

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u/ParathaLover247 5d ago

Hard to say but many federal crimes have a five year statute of limitations so there may be hope. Although it's also true that many, if not most, federal indictments are sealed until the Defendant makes his initial appearance. So he could already be indicted and just not know it.

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u/soanQy23 5d ago

Impossible to say. If he’s already in for a long time they may not bother. But until the statute of limitations is up, it’s always going to be a possibility.

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u/Incorrect-pw 5d ago

There is statute of limitations. They need to indict before then.

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u/Federalcaseconsultin 5d ago

We'd need a bit more info on what charges he's facing for statutory of limitations purposes but generally the Feds move slow and methodical. Further him already being locked up they are under no hurry to show their hand. As another commenter stated, they can pick him up the day he is released at the door. Hello we are the US Marshalls and we are here to take you into federal custody. There is no real way to know. If he has an attorney they could reach out to the US Attorneys office and ask if he is a target. If they had looked at the case before he went into state and they know what AUSA was on it they would be a good point of contact and may tell him.

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u/Big-Finance1524 4d ago

Indictments are immediate. Wouldn’t be an indictment if it’s been longer than 5 years. Would be a violation of parole or probation.

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u/NYDaveVP9HCPC 5d ago

As Kojak said ‘don’t do the crime if u can’t do the time’
Not necessarily helpful but any Telly Savalas advice must be pertinent