What Does Getting Indicted Mean? Grand Jury Indictments Explained

An indictment is a formal criminal charge issued after a grand jury determines there is probable cause to believe a crime was committed. It marks the beginning of a criminal prosecution, not the end, and every person who is indicted remains presumed innocent unless proven guilty.

When people hear someone has been indicted, they often picture a courtroom victory for prosecutors. In reality, the case is just getting started. Before any verdict can be reached, prosecutors must still prove the charges, the defense has opportunities to challenge the government’s case, and the accused has important constitutional rights every step of the way.

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What Is a Federal Indictment?

Getting indicted means a grand jury has issued formal charges accusing someone of committing a crime. An indictment is a written document that identifies the alleged offense. It’s the basis for moving the criminal case forward. In many jurisdictions, indictments are used for serious offenses. Felony charges are commonly the result of being indicted. The rules vary by state and federal law.

The Fifth Amendment to the U.S. Constitution generally requires a grand jury indictment for a federal crime punishable by death or an otherwise serious offense. However, there are exceptions, and state laws can vary significantly. Some criminal cases can proceed through other charging methods, such as an information filed by a prosecutor.

A grand jury generally decides whether there is probable cause. This means there’s a reasonable basis to believe a crime was committed and that the accused may have committed it. That is a much lower standard than beyond a reasonable doubt, which is the standard prosecutors must meet to obtain a conviction at trial. So, if you’re getting indicted, the case is far from over.

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What Is a Federal Grand Jury?

A grand jury is made up of grand jurors who review evidence presented by a prosecutor during a criminal investigation.

After hearing the evidence, the grand jurors vote to indict if they find probable cause to support the proposed charges. Their job is not to decide whether the accused is guilty. That comes later, if the case proceeds to trial. A trial jury, sometimes called a petit jury, determines guilt or innocence after hearing evidence from both sides and applying the beyond-a-reasonable-doubt standard.

When Is an Indictment Required?

In federal court, the Fifth Amendment generally requires a grand jury indictment for a serious offense, including a federal felony punishable by imprisonment for more than one year. There are exceptions, including situations where the defendant waives the right to indictment.

State rules vary considerably. Some states require a grand jury to return an indictment for certain serious offenses. Others allow prosecutors to bring charges through an information. An information is a document filed by a prosecutor rather than a grand jury. Depending on the jurisdiction, it may follow a preliminary hearing. At the hearing, a judge decides if there is enough evidence to continue the prosecution.

A misdemeanor generally follows a different process and often does not require a grand jury indictment. Instead, charges may be initiated through a complaint, citation, or information. Because the rules differ from one jurisdiction to another, whether an indictment is required can depend on the type of offense and where the prosecution takes place.

What Does an Indictment Contain?

A bill of indictment is a formal written accusation that identifies the person being charged and the alleged offense charged. While the exact requirements vary by jurisdiction, an indictment generally gives the defendant enough information to understand what the prosecution is alleging and the legal basis for the charges.

An indictment may include:

• The defendant’s name
• The specific criminal offense or offenses charged
• Citations to the criminal statutes allegedly violated
• Basic facts describing the alleged conduct
• The date or approximate timeframe when the alleged conduct occurred
• The court or jurisdiction handling the case

An indictment generally does not contain every piece of evidence the prosecution intends to use. For example, a district attorney may have witness testimony, records, photographs, or physical evidence supporting the allegations, but the indictment itself typically provides a concise description of the alleged criminal conduct. The details of the government’s evidence are addressed as the case moves forward.

An indictment also differs from a criminal complaint. A complaint can be used to initiate criminal proceedings and generally sets out the facts supporting the accusation. An indictment, by contrast, is returned by a grand jury after reviewing evidence presented by the prosecution.

Does an Indictment Mean You’re Guilty?

Being indicted doesn’t mean you are guilty. The defendant still has the presumption of innocence. The prosecutor still has to meet the burden of proof to prove the defendant guilty. This happens during the criminal trial. For criminal charges, the government must prove the defendant’s guilt beyond a reasonable doubt.

What Happens After Someone Is Indicted?

After an indictment, the court may issue an arrest warrant or a summons if the defendant is not already in custody. The defendant will then go through the criminal justice process with an arraignment and bail.

The next phase of the process will be discovery, where each side gathers evidence. The prosecutor and criminal defense attorney may each file pretrial motions. Depending on the circumstances, there may be discussions of plea negotiations. If the case is not resolved through a plea agreement, dismissal, or another disposition, it may proceed to trial, which may be before a jury or, when permitted, a judge.

Can You Challenge an Indictment?

Defendants who are the subject of an indictment have the right to challenge it. State and federal laws provide avenues for challenges. A defendant could file a motion to dismiss.

There could be constitutional violations. Depending on the situation, there could be prosecutorial misconduct, defects in the indictment, or a lack of jurisdiction. However, courts generally give prosecutors considerable deference once an indictment has been returned.

Seek Legal Advice

An indictment marks the beginning of the formal court process. An experienced criminal defense lawyer can assess the evidence, identify potential defenses, and protect your constitutional rights.

Use the Super Lawyers directory to connect with a trusted criminal defense attorney in your area.