What happens if the grand jury does not issue an indictment?
Asked by: Eva Herman | Last update: May 2, 2026Score: 4.7/5 (8 votes)
If a grand jury does not issue an indictment (a "no bill"), the criminal case for that specific charge ends, the defendant isn't required to plead, and the case is dismissed, meaning the person isn't prosecuted for that offense, though prosecutors might try again with a new grand jury or pursue lesser charges if they have enough evidence for that. It signifies the grand jury found insufficient probable cause to proceed with a felony charge.
How often do grand juries refuse to indict?
But even one no-bill is very rare. In the 2010 fiscal year, federal grand juries refused to issue indictments in only 11 cases, according to the Bureau of Justice Statistics.
What happens if you don't get indicted?
If the grand jury doesn't believe the evidence holds up, they issue a “no bill.” In this case, no indictment is made, and the case does not move forward.
What does it mean when a grand jury declines to indict?
If the evidence does not persuade the grand jury that there is probable cause to believe the person being investigated committed a crime, the grand jury will vote a “no bill,” or “not a true bill.” When this occurs, that person is not required to plead to a criminal charge, and no trial is required.
Why do indictments take so long?
At the district attorney's office, a meticulous review of the police report or investigation takes place. This evaluation aims to determine whether there is sufficient evidence to proceed with charging. The decision to charge or not charge the matter rests on this evaluation.
What Happens If The Grand Jury Does Not Indict? - Learn About Libertarianism
What percentage of grand juries are indicted?
By some estimates, grand juries issue indictments 95 percent of the time. Grand jury members are usually selected at random from voting rolls, although the process varies somewhat at the state level.
Is an indictment more serious than a charge?
Yes, an indictment is generally more serious than just being charged because it signifies a grand jury has found probable cause for a felony-level crime, moving the case toward trial with stronger legal backing than a prosecutor's initial complaint, often involving federal cases or serious state offenses, implying significant evidence and potential for harsh penalties. A "charge" is a broader term, often used for misdemeanors or initial accusations by a prosecutor, while an "indictment" is a formal grand jury endorsement for serious felonies, making it a significant escalation.
What is the hardest criminal case to beat?
The "hardest" criminal case is subjective, but generally involves first-degree murder, crimes against vulnerable people (like children), or complex white-collar/sex crimes due to severe penalties, emotional jury bias, intense forensic evidence, and the difficulty of proving premeditation or intent, with some lawyers citing cases involving uncooperative witnesses or unique defense arguments as exceptionally tough.
Can a judge overrule a grand jury indictment?
Generally, a judge cannot overrule or overturn a grand jury indictment because the grand jury is an independent body deciding if there's probable cause, but a judge can dismiss an indictment for specific legal or constitutional issues like prosecutorial misconduct, improper procedure, or fundamental legal insufficiency, though this is rare and typically requires strong evidence of a serious flaw, not just disagreement with the decision.
Can charges be dropped after indictment?
Yes, criminal charges can absolutely be dropped after an indictment, though it's more difficult and less common than before, typically requiring a prosecutor's motion or a judge's ruling due to insufficient evidence, constitutional violations (like illegal searches), new exculpatory evidence, or issues with witness reliability, even after a grand jury found probable cause.
What is a silent indictment?
A sealed indictment is a formal accusation of a felony that is kept confidential until a specific event occurs, such as the arrest of the accused. It is issued by a grand jury based on evidence presented by a prosecutor.
How much evidence is enough to convict?
But Evidence Is Required to Convict
To secure a conviction, a prosecutor must prove every element of the alleged crime beyond a reasonable doubt. That's the highest burden of proof in the legal system. This means the state must present credible, convincing evidence, not just suspicion, speculation, or assumptions.
What happens if you are not indicted?
If the grand jury decides not to indict, it returns a “no bill.” Keep in mind that even if there isn't an indictment, the prosecutor can return to the same grand jury and present different evidence. In some cases, a new grand jury can be chosen. Criminal charges can also be filed regardless of the outcome.
How many grand jurors must concur in an indictment?
A grand jury may indict only if at least 12 jurors concur.
How do you know if you're getting indicted?
After the prosecutor studies the information from investigators and the information they gather from talking with the individuals involved, the prosecutor decides whether to present the case to the grand jury. When a person is indicted, they are given formal notice that it is believed that they committed a crime.
Which lawyer wins most cases?
There's no single lawyer universally crowned as having won the most cases, as records are hard to track, but American trial lawyer Gerry Spence is legendary for never losing a criminal case and not losing a civil case for decades, while Guyanese lawyer Sir Lionel Luckhoo famously achieved 245 successive murder-charge acquittals, a world record. Other highly successful figures include India's Harish Salve and figures like Joe Jamail, known for huge verdicts, but the definition of "winning" varies across legal fields.
What state is #1 in crime?
Alaska often ranks #1 for violent crime rates per capita, followed closely by New Mexico, while some analyses also point to Louisiana for high murder rates or overall danger, though rankings vary slightly depending on whether violent crime, property crime, or general safety metrics are used, with data from 2024 and 2025 consistently showing Alaska and New Mexico leading in violent offenses.
What felony is worse, C or D?
Class D felonies encompass offenses that still have considerable seriousness but are generally less impactful than those classified as Class A, B, or C. These crimes may involve lower levels of harm or smaller financial losses.
What is the burden of proof for indictment?
In a criminal trial, the prosecution must prove every element of the charged crime “beyond a reasonable doubt” to convict the defendant. This means that the evidence presented must be so convincing that there is no reasonable doubt in the mind of a rational person that the defendant committed the crime.
Does someone go to jail if they are indicted?
In some cases, a person may be arrested before an indictment, while in others, the indictment comes first, followed by an arrest or court summons. Understanding this difference is essential, as being indicted does not automatically mean you will be arrested or go to jail.
How often do grand juries fail to indict?
Indeed, it is nearly unheard of for a grand jury to fail even once to return an indictment (known as a “no true bill”), much less on three separate occasions.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism.
What happens to 90% of court cases?
According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."