What happens if you are not indicted?
Asked by: Kaycee Larson | Last update: February 9, 2026Score: 4.2/5 (67 votes)
If you are not indicted, it usually means charges (especially felonies) are dropped, you are released from custody (if detained), and the case stalls, though prosecutors can potentially refile later if more evidence emerges; a "no bill" from the grand jury signals insufficient evidence, leading to dismissal, but for misdemeanors or waived felonies, charges proceed via "information" or "complaint," not indictment.
What does it mean to not be indicted?
If the grand jury believes there is insufficient evidence, they can decide not to issue an indictment. Grand juries can be made up of 16 to 23 members, and at least 12 must be in favor of the indictment in order for formal charges to be brought against you.
What is the difference between being charged and being indicted?
Being charged means a prosecutor formally accuses you of a crime, often based on police reports, while being indicted means a grand jury reviewed the prosecutor's evidence and found enough probable cause to formally accuse you, usually for serious felonies or federal crimes, with the indictment acting as the official charging document. The key difference is the entity making the accusation: a prosecutor for charges, and a grand jury for an indictment, which signals the case can proceed to trial.
What happens if you are not indicted in 180 days?
If you have been arrested or charged with a crime and no indictment has been issued after 180 days, you may have legal grounds to request a reduction in bail, a release from custody, or even a dismissal of charges.
Can charges be dropped after indictment?
Yes, criminal charges can be dropped after an indictment, though it's less common and often requires significant legal action or a change in the prosecution's assessment, usually through prosecutorial discretion or a defense lawyer's motion to dismiss. Reasons include insufficient evidence, constitutional violations, new exculpatory evidence, witness issues, or successful defense arguments that make a conviction unlikely, leading prosecutors to drop charges for justice or efficiency.
Indictment, Grand Jury, No Bill – Explained
Can a judge overrule an indictment?
A judge cannot simply “overrule” a grand jury's indictment on the facts. However, a judge can dismiss an indictment if there are legal defects, such as a violation of the defendant's constitutional rights or a failure to properly state a federal crime. These are legal arguments that must be raised in formal motions.
How long after an indictment is the trial?
18 U.S.C. § 3161(b). Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later.
What is the hardest criminal case to beat?
There's no single "hardest" case, but generally, homicide (especially first-degree), crimes against vulnerable victims (children, elderly), and sex crimes are incredibly tough due to high emotions, severe penalties, complex evidence, and potential jury bias, making them difficult to defend or prosecute effectively. Other challenging cases involve intricate white-collar crimes with complex financial evidence or highly sensitive matters like treason, which has a very high bar for proof.
What is the 72 hour rule in jail?
The "72-hour rule" in jail generally means law enforcement must bring an arrested person before a judge or file formal charges within 72 hours (excluding weekends/holidays) of arrest, or the person must be released, though this is a guideline, and delays (especially for lab results) can occur. This initial appearance, called a preliminary hearing or arraignment, determines bail and appoints counsel, influencing the case's early direction.
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.
Does an indictment mean jail time?
An indictment alone doesn't mean jail time. It is merely an accusation. The legal process involves many stages before potential imprisonment. Once indicted, the accused will face a trial.
How serious is being indicted?
An indictment is very serious; it's a formal accusation by a grand jury that there's enough evidence (probable cause) to proceed with felony charges, shifting a case from investigation to formal prosecution, leading to arrest/appearance, arraignment, and trial, carrying significant personal, professional, and legal consequences. It doesn't mean guilt but signals a credible basis for a criminal trial in the justice system.
Can you plead guilty before being indicted?
Yes, it is possible to resolve pending criminal charges with a guilty plea on something called an "Information" prior to an indictment.
Is an indictment good or bad?
An indictment is neither inherently good nor bad; it's a formal accusation by a grand jury that there's enough evidence (probable cause) to proceed to trial for a serious crime, making it bad news for a defendant (leading to a felony charge) but a necessary step for prosecutors to move forward with a case, serving as a constitutional check to prevent frivolous prosecutions. It's not a finding of guilt, but a signal that a criminal legal battle will begin, with serious potential consequences if the defendant is convicted.
How much evidence is needed to be charged?
To charge someone, police need probable cause (a reasonable belief a crime occurred and the person did it), a lower standard than for conviction, which requires proof beyond a reasonable doubt (near certainty of guilt). Charges can start with just a witness statement or officer observation, but for conviction, prosecutors need strong evidence like testimony, forensics, or consistent circumstantial evidence to prove guilt, not just suspicion, to a judge or jury.
Is it better to plead not guilty or guilty?
It's generally better to plead not guilty at your first court appearance to preserve your rights, discover the prosecution's evidence, and allow your attorney time to negotiate for lesser charges or a better deal; pleading guilty immediately surrenders your power to bargain and results in a conviction and criminal record, though a guilty plea might be considered later after consultation with a lawyer or if the evidence is overwhelming and a plea deal offers significant benefits, like avoiding harsher penalties.
How much is $20 worth in jail?
With $20 per month, the prisoner could at least purchase soap, quality toothpaste (and a quality toothbrush), and batteries for their radio. Even a single check for $15 could allow a prisoner to purchase a few comforts which would traditionally be outside of their reach.
Why are the police taking so long to charge me?
Police can take a long time to file charges due to extensive investigations (evidence processing, digital forensics), prosecutor's office backlogs, resource limitations (staff shortages), waiting on lab results (like toxicology), strategic decisions (building a stronger case or waiting for plea deals), or the complexity of the case, with deadlines (statutes of limitation) varying by crime type but allowing significant time for investigation before charges are filed.
What is rule 21 in jail?
Upon the defendant's motion, the court must transfer the proceeding against that defendant to another district if the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.
What is the hardest thing to prove in court?
The hardest things to prove in court involve intent, causation (especially in medical cases where multiple factors exist), proving insanity, and overcoming the lack of physical evidence or uncooperative victims, often seen in sexual assault or domestic violence cases. Proving another person's mental state or linking a specific harm directly to negligence, rather than underlying conditions, requires strong expert testimony and overcoming common doubts.
Which lawyer wins most cases?
There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins".
Who is the top 1 killer?
The number one killer globally and in the United States is Heart Disease (Cardiovascular Disease - CVD), responsible for millions of deaths annually, with cancer and unintentional injuries ranking high as other leading causes, though these can vary slightly by year and region. Heart disease causes issues like heart attacks and strokes, often linked to lifestyle factors, making prevention through diet, exercise, and avoiding tobacco crucial.
Can a case be dropped after indictment?
Yes, criminal charges can be dropped after an indictment, though it's less common and often requires significant legal action or a change in the prosecution's assessment, usually through prosecutorial discretion or a defense lawyer's motion to dismiss. Reasons include insufficient evidence, constitutional violations, new exculpatory evidence, witness issues, or successful defense arguments that make a conviction unlikely, leading prosecutors to drop charges for justice or efficiency.
What is the next step of indictment?
Deliberation: After reviewing the evidence, the grand jury deliberates to decide whether there is probable cause to believe that a crime has been committed and that the suspect committed it.
How many indictments go to trial?
Many cases are dismissed by lack of cooperation of witnesses, lack of evidence, legal issues, and/or because a defendant qualifies for a conditional dismissal or diversion. Stats have these scenarios taking up 5-8% of all the cases. So, if you do the math, that leaves roughly 2-5% of cases going to trial.