What does it mean to be indicted?

What Does It Mean to Be Indicted?

Being indicted is a critical stage in the criminal legal process. But what exactly does it mean when a defendant is indicted, and how does the indictment process work? This article provides an overview of criminal indictments.

Definition of an Indictment

An indictment is a formal criminal charge issued by a grand jury alleging that a person committed a crime. It is the next step after arrest and filing of a criminal complaint. Key points about indictments:

• Indictments follow grand jury proceedings investigating alleged crimes.
• They contain the formal charges against the defendant.
• Indictments move a case closer to trial.
• Being indicted means prosecutors presented enough evidence for an independent grand jury to charge you.

The Grand Jury Process

Grand juries are groups of citizens who hear evidence presented by prosecutors about potential crimes and decide if charges should be filed. The grand jury process typically involves:

1. Prosecutors subpoena witnesses and documents relevant to the investigation.
2. The grand jury hears testimony from witnesses and reviews other evidence.
3. The prosecutor explains the law and charges being considered.
4. Grand jurors discuss the case and vote on whether to approve charges.
5. If the grand jury votes to indict, charges are filed with the court.

Being Indicted vs. Charged

There are some key differences between being indicted versus just criminally charged:

• A prosecutor can file a criminal complaint and charges without a grand jury.
• But felonies requiring trial by jury almost always require an indictment by grand jury first.
• Being indicted indicates an independent body found probable cause you committed the crime.

Next Steps After Indictment

Once indicted, next steps include:

• You will receive a summons to appear in court for an arraignment.
• At the arraignment, charges are formally presented and you enter a plea.
• More preliminary hearings and motions may occur.
• Your attorney may negotiate with the prosecution regarding potential plea deals.
• If no plea agreement, case heads to trial.

Challenging an Indictment

There are certain grounds on which your attorney can challenge an indictment, such as:

• Errors or flaws in the grand jury process
• Insufficient or inappropriate evidence was presented
• The evidence doesn’t support finding probable cause for the charges
• Prosecutorial misconduct influenced the grand jury improperly

However, courts are hesitant to dismiss indictments and will only do so if clear errors undermine the fundamental fairness of the proceedings.

Key Takeaways

• Being indicted means prosecutors presented enough evidence for an independent grand jury to approve criminal charges against you.
• Indictments move the case to the next stage leading up to trial.
• Felony charges generally require an indictment before trial.
• An experienced criminal defense lawyer can advise you on responding to an indictment.

Conclusion

If you have been arrested and are facing serious criminal charges, understanding the indictment process and consulting with a defense attorney is critical. An attorney can analyze the charges, grand jury proceedings, and possible defenses to build the strongest case responding to an indictment.

References

[1] https://www.findlaw.com/criminal/criminal-procedure/what-happens-when-you-are-charged-with-a-crime.html

[2] https://www.nolo.com/legal-encyclopedia/charged-with-crime-how-29677.html

[3] https://www.justice.gov/usao/justice-101/charging

[4] https://www.federalcharges.com/indicted-federal-charges/

[5] https://guides.sll.texas.gov/c.php?g=440431&p=3016074

[6] https://www.mitty.com/assets/files/academics/10-Master-Key.pdf