What Is a Secret Indictment?

In the U.S. legal system, a secret indictment plays a critical role in maintaining the integrity of ongoing investigations. According to the United States Courts, grand juries, which are unique to the American justice system, are responsible for reviewing evidence and determining whether there is probable cause to believe a crime has been committed (uscourts.gov). 

When they conclude that the evidence is sufficient, they issue a secret indictment, a concealed formal charge that remains undisclosed until the accused is apprehended or informed, safeguarding both the legal process and potential witnesses. This covert action, which the Bureau of Justice Statistics reports as a tool in various high-profile cases (bjs.gov), ensures that suspects do not flee or tamper with evidence before trial proceedings commence. This article will help you further understand the working of the U.S. legal system and answer the question, “What is a secret indictment?”

Sometimes, it is determined that the indictment should be kept secret. This may also be known as a sealed indictment or silent indictment. In this case, the documentation surrounding the indictment is kept under seal, and no one involved may discuss the indictment outside of the grand jury hearings, or with anyone else once the hearings are over. When the seal is lifted, the contents of the indictment can be made public.

Prosecutors may request a secret indictment if they are concerned that someone may flee if he or she becomes aware that trial proceedings are being set in motion. It is also possible to ask for one to protect witnesses and other people involved with the case. If a suspected criminal is aware that grand jury hearings are occurring, the criminal may take steps to interfere with the hearings, such as intimidating witnesses or members of the grand jury. By sealing the indictment, the prosecutor ensures that the process will be safe for everyone.

Secret indictments are perfectly legal. They do not infringe upon the rights of the accused, including the right to a trial by jury and the right to hear evidence and cross-examine witnesses. Some people criticize the process because they argue that it is abused and that the information should be on the public record, but the justifications for the process often far outweigh these concerns.

The indictment will be unsealed when the government feels that it is appropriate to do so. As long as someone remains at large, the indictment typically remains sealed because the case is considered active. People who have evaded arrest must usually surrender to law enforcement before they can determine the contents of an indictment, and it is advisable for individuals to surrender with the assistance of a lawyer.

A secret indictment, also known as a sealed indictment, is a formal accusation of a crime that is kept confidential until it is unsealed. This typically occurs when a grand jury, which operates in private, issues an indictment but the court keeps it secret to avoid alerting the suspect, who might flee or destroy evidence. The secrecy ensures that law enforcement can investigate further or arrest the suspect without hindrance.

Courts use secret indictments for several strategic reasons. Primarily, they help prevent the suspect from fleeing or tampering with evidence. They are also used to protect the safety of witnesses or victims, maintain the confidentiality of an ongoing investigation, and prevent the disclosure of sensitive information. Additionally, they can be used to coordinate the arrests of multiple defendants simultaneously.

The duration for which an indictment can remain secret varies depending on the jurisdiction and the specific circumstances of the case. There is no set time limit; it can remain sealed until the court decides to unseal it, which might happen when the suspect is arrested or when the court deems it appropriate for other strategic legal reasons. In some cases, this could be a matter of days, while in others, it could extend to years.

No, a person cannot be tried without knowing the charges against them. Once a person is arrested or summoned to court, the indictment must be unsealed, and the defendant has the right to be informed of the charges. The Sixth Amendment to the U.S. Constitution guarantees the right to a public trial and to be informed of the nature and cause of the accusation.

Secret indictments are not the norm but are used when circumstances warrant additional confidentiality and strategic advantage for law enforcement. The frequency of their use is not commonly reported with specific statistics, as this could compromise the purpose of maintaining secrecy. However, they are a recognized legal tool within the justice system and are employed as needed across various jurisdictions.