What Is an Indictment? A Complete Guide to Understanding the Legal Process

If you've followed a criminal case in the news, you've likely heard the term indictment. Many people assume an indictment means someone has been found guilty, but that's not true. An indictment is simply a formal accusation that starts the criminal court process. It does not determine guilt or innocence.

What Is an Indictment?

An indictment is a legal document that formally charges a person with a crime. It states that there is enough evidence for the case to move forward in court. In most federal criminal cases and many state felony cases, an indictment is required before prosecution can proceed.

It's important to remember that an indictment is not a conviction. Under the U.S. legal system, every defendant is presumed innocent until proven guilty beyond a reasonable doubt.

Who Issues an Indictment?

An indictment is usually issued by a grand jury, a group of citizens who review evidence presented by prosecutors.

The grand jury does not decide whether the accused is guilty. Instead, it determines whether there is probable cause to believe a crime was committed and that the accused may have committed it.

If the grand jury finds sufficient evidence, it returns a true bill, which becomes the indictment. If not, it returns a no bill, and no indictment is issued.

How Does the Indictment Process Work?

The indictment process generally follows these steps:

Law enforcement investigates the alleged crime. Prosecutors review the evidence. The evidence is presented to a grand jury. The grand jury votes on whether probable cause exists. If approved, the indictment is filed, and the defendant is arrested or summoned to court. The defendant appears before a judge to hear the charges and enter a plea. What Crimes Can Lead to an Indictment?

Indictments are commonly used for serious criminal offenses, including:

Drug trafficking Fraud and financial crimes Tax fraud Money laundering Public corruption Federal firearms offenses Murder and other violent felonies

The exact rules vary depending on whether the case is filed in federal or state court.

Does an Indictment Mean Someone Is Guilty?

No. An indictment only means there is enough evidence to formally charge someone with a crime. Prosecutors must still prove the case in court.

The accused has important legal rights, including the right to an attorney, the right to remain silent, the right to present evidence, and the right to a fair trial. Unless they plead guilty or are convicted by a judge or jury, they remain legally innocent.

What Happens After an Indictment?

After an indictment, the criminal case moves through the court system. The defendant attends an arraignment, where they are informed of the charges and enter a plea. The court may also decide whether the defendant can be released on bail.

The case then enters the discovery phase, where both sides exchange evidence. Some cases are resolved through plea agreements, while others proceed to trial. If the prosecution cannot prove the charges beyond a reasonable doubt, the defendant cannot be convicted.

Can an Indictment Be Dismissed?

Yes. Although an indictment allows a case to proceed, it can sometimes be dismissed if there is insufficient evidence, legal errors, constitutional violations, or prosecutorial misconduct. However, dismissals are relatively uncommon and depend on the facts of each case.

Conclusion

An indictment is a formal criminal charge, not a finding of guilt. It means a grand jury found enough evidence for the case to move forward, but the prosecution must still prove the charges in court. Understanding what an indictment is can help you better follow criminal cases and recognize the difference between being accused of a crime and being convicted of one.