What is an indictment in simple terms?
Asked by: Penelope Rice | Last update: October 13, 2025Score: 4.6/5 (47 votes)
When a person is indicted, they are given formal notice that it is believed that they committed a crime. The indictment contains the basic information that informs the person of the charges against them.
What is the main purpose of the indictment?
An indictment is a formal accusation in a criminal case against someone suspected of committing a serious criminal offense. A grand jury issues an indictment after reviewing evidence and determining there was probable cause a crime was committed. After the grand jury investigation and indictment, formal charges follow.
What does it mean when you are going to be indicted?
An indictment is the first step that allows the prosecution to formally accuse you of a felony crime. Grand Jury Review: The grand jury examines the evidence to determine if there is probable cause to believe a crime has occurred.
What's the difference between being charged or indicted?
Being charged with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant.
What is indictment best defined as?
1. : a formal written statement prepared by a prosecuting authority charging a person with a crime and returned by a jury (such as a grand jury) upon finding that sufficient evidence to support it was presented.
What is an indictment?
Does a federal indictment mean jail time?
The next step following the grand jury indictment is the defendant's arrest. *Pro-Tip: Although people can bond out after being indicted in the federal system, it is important to note that being indicted means people go to jail in the first instance.
Does an indictment mean guilt?
No Determination of Guilt: An indictment does not determine guilt. It simply means a group of people selected to be on a “grand jury” think that there's enough evidence to justify proceeding. Of course, all the people on a “grand jury” see and hear is what the prosecutor wants them to see and hear.
Can an indictment be dismissed?
Even after an indictment, if it becomes apparent that there is insufficient evidence to prove the charges beyond a reasonable doubt, the prosecution may choose to drop the charges. This could happen if: Key evidence is ruled inadmissible by the court. Further investigation reveals flaws in the evidence.
What is an example of an indictment?
The grand jury charges that on or about (date) at [Tampa, Florida] , in the [Middle] District of [Florida] [JOHN DOE] defendant herein, possessing a firearm, did take from the person or presence of another, to wit, (victim) , by force and violence and intimidation, a motor vehicle that had ben transported, shipped, or ...
What is the difference between indictment and arraignment?
Arraignment versus Indictment in California
While an arraignment is an opportunity for a defendant to hear the charges against them and enter a plea, an indictment is a legal document formally charging a defendant with a crime and is usually only used in felony cases.
What happens if a case is 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 long does an indictment take?
These laws differ in many respects, such as what kinds of events count as excludable time, and they vary widely in the amount of time they allow for bringing a case to triaL Among the most restrictive States is California, which specifies 15 days in felony cases from arrest to indictment and 60 days from indictment to ...
Can charges be changed after indictment?
The Prosecutor may amend an indictment, without leave, at any time before its confirmation, but thereafter, until the initial appearance of the accused before a Trial Chamber pursuant to Rule 62, only with leave of the Judge who confirmed it.
Why do people get indicted?
When a person is indicted in a criminal court in the United States, it means that a grand jury composed of residents chosen at random believed there was enough evidence to charge that person with a crime.
Are indictments public record?
An indictment is a state action against a citizen, and is part of the public record. The court may withhold it from release to the public, it it is determined that this could be prejudicial to the rights of the accused. Once the trial is completed and a verdict is issued, it is almost always released for public view.
What is a silent indictment?
A sealed indictment refers to a formal charging document issued by a grand jury in a criminal case, which is kept confidential and not made public. It is typically used when there is a concern that the disclosure of the indictment may jeopardize an ongoing investigation or the safety of individuals involved.
What is the difference between charged and indicted?
Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means a grand jury has filed charges against you.
What is the purpose of the indictment?
When a person is indicted, they are given formal notice that it is believed that they committed a crime. The indictment contains the basic information that informs the person of the charges against them.
What is a short sentence for indictment?
She intended the film to be an indictment of the media. No one was surprised by her indictment. The grand jury has handed down indictments against several mobsters.
Can a judge overrule an indictment?
Dismissing a federal indictment
The reason for this is fairly straightforward: Almost all requests for dismissal argue that the government's allegations are wrong. Federal judges can't simply overturn a case on this basis.
Can you beat indictment charges?
Successful pretrial motions can lead to the dismissal of the indictment. Plea Agreements: In some cases, a wise defense lawyer may negotiate a plea agreement where the defendant pleads guilty to a lesser charge in exchange for the dismissal of more serious charges.
What does rule 48 mean?
The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.
What comes first, conviction or indictment?
In criminal procedure, the indictment must always come before a conviction.
How do you know if you've been indicted?
After an indictment is issued the Defendant will be notified either by an early morning arrest by federal agents or notification of counsel. In crimes of violence or drugs, the defendant will generally be arrested and the government will seek detention and will initiate prosecution by arrest.
Can you go to jail at an arraignment?
Yes, you can absolutely go to jail at an arraignment in California. An arraignment is the first court appearance after an arrest.