Law FAQ
Feb 2024
.png)
To be indicted means to be formally charged with a crime, typically following a grand jury's determination that there is enough evidence to proceed with a criminal trial.
An indictment is a formal accusation, not a conviction, and it is among the first steps a prosecutor can take to bring a case to trial.
The Indictment ProcessThe process of indictment begins with a grand jury, which is composed of residents chosen at random. Unlike a criminal trial, where a jury has to reach a unanimous verdict, a grand jury can issue an indictment with a simple majority. Grand jurors hear evidence and testimony only from prosecutors and the witnesses they choose to present. They do not hear from the defense or usually from the person accused, unlike in a criminal trial where proceedings are adversarial.
When a person is indicted in a criminal court in the United States, it means that a grand jury believed there was enough evidence to charge that person with a crime. Such panels, generally convened by judges at the request of prosecutors, meet for weeks and can hear evidence in a variety of cases. The judge is not present during grand jury proceedings after the jurors are chosen, and jurors are able to ask the witnesses questions.
As in other criminal cases, the exact charges against an individual are under seal and will not be revealed until they are brought for a formal arraignment. After an indictment is issued, prosecutors will share their evidence with defense attorneys, who often ask a judge to dismiss the case on various legal grounds. A trial is not guaranteed and may not be scheduled for months, as both sides will most likely argue over the merits of the case and what evidence can be presented to a jury.
Being indicted is a serious legal matter that can have profound consequences for an individual's life and future. It is important to understand that an indictment is not a conviction, and individuals who have been indicted are entitled to defend themselves against the charges.
Seeking legal counsel and understanding one's rights and options are crucial steps for anyone facing an indictment.Whenever you need assistance or have legal questions, your Law Passport membership has you covered. You can tap in at any time for pesky subpoenas and any other questions that shouldn't require paying someone a retainer.