How can you find out what someone is being indicted for?

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My mothers house was recently raided by the FBI looking for my brother. My brother no longer lives there and they were not able to find him at the new address. The FBI told my mom that his was being indicted on gang related charges, but when they went to the new address they told my brothers girlfriend that it was for drug trafficking. We are in the process of looking for an attorney but is there anyway we can find out what he is being indicted for immediately?

Attorney Answers

3
Gayle Gutekunst ·
I imagine you'll get a good answer from some other federal practitioners out there. First let me explain that drug charges and gang charges are not mutually exclusive. The FBI may have told the girlfriend about the drug charges only in hopes of getting her to mention something about gang involvement or former association with a gang, thinking she was not making a harmful statement. Be aware that your phone records, your family members' phone records and the girlfriend's phone records might be accessed by the FBI in order to track your brother. (By phone records I am including text messages.) It's very easy for the feds to get a subpoena for that information. The only way I can think to find out about pending charges arising out of an indictment is to go online to PACER: www.pacer.gov. PACER is a federal court public data bank. Court orders, etc can be accessed for free; other documents, like motions, etc., cost 8 cents per page. You will have to set up an account with them by giving a credit card number. Then run your brother's name and see if anything comes up. Remember also that you do not have to speak to the FBI or other law enforcement agencies. You can politely refuse to interview with them. They might threaten you by telling you that they know you are somehow involved, blah blah blah - which can be terrifying, especially to an innocent person. You will have to decide how to handle this situation. It will be extremely challenging. Good luck.
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Joshua SachsAppeals LawyerEvanston, IL ·
You could go to the federal courthouse and ask the clerk. In most, if not all, federal districts the files are now computerized and there are public access terminals in the clerk's office. You would have somebody there to help you if you had trouble using the system. As Ms. Gutekunst points out, the same information is available on the PACER system, which is available on any computer. You might have to open a PACER billing account however and that used to involve a short waiting period. I don't know whether it still does. The indictment may not have been filed yet, in which case you obviously would not be able to find it. Good luck, and by all means be sure that your brother is represented by a good attorney who is familiar with federal criminal practice. If your family cannot afford to hire counsel, contact the federal defender office in your district.
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