Indictment

Have law-related questions about what happens during and after an indictment hearing?

Read our guide to learn all about what the legal definition of an indictment means and whether you can have the criminal charges from your getting indicted dropped.

What is an Indictment?

An indictment is a formal accusation or charging document issued by a grand jury, a group of citizens convened to determine whether there is enough evidence to charge someone with a crime. It outlines the specific charges against an individual, usually in felony cases, and is the first step in the criminal prosecution process.

Judges can also issue indictments through having preliminary hearings where they weigh the strength of the evidence presented by the prosecutor.

An indictment serves to notify the accused person of the charges against them and to initiate legal proceedings in a court of law.

What Happens in an Indictment?

The following is what generally happens during an indictment process:

1. Investigation: Before seeking an indictment, law enforcement agencies conduct an investigation to gather evidence against the person suspected of committing a crime.
2. Presentation of evidence: The prosecutor presents the gathered evidence to a grand jury, which includes witness testimonies, documents, physical evidence, and any other relevant information.
   The grand jury’s role is to determine if there is probable cause to believe that the accused committed the crime (some courts hold preliminary hearings instead of using a grand jury to decide whether to indict the person charged with the crime).
3. Deliberation: The grand jury reviews the evidence and listens to the prosecutor’s arguments. They may also question witnesses or request additional information if needed.
   The proceedings are typically held in secret, and the accused person or their legal representation is not present.
4. Indictment decision: The grand jury votes on whether to issue an indictment after considering the evidence. If a majority of the grand jurors find probable cause, they will issue an indictment. If not, the accused person is not formally charged, and the case may be dismissed or further investigated.
5. Arrest or summons: If an indictment is issued, a warrant for the arrest of the accused is typically issued. Alternatively, in some cases, the accused may be summoned to appear in court voluntarily.
6. Arraignment: After the arrest or voluntary appearance, the accused is brought before a judge for an arraignment. The charges are read during this hearing, and the accused enters a plea (guilty, not guilty, or no contest).
7. Trial proceedings: If the accused pleads not guilty, the case proceeds to trial, where the evidence is presented, witnesses testify, and the prosecution and defense present their arguments.
   The court then determines the guilt or innocence of the accused based on the evidence presented.

It is important to note that the specific process may vary depending on the jurisdiction and the investigated crime type.

How Long do Indictments Take?

There is no set time for how long an indictment will take, as the duration is dependent on several factors, including the complexity of the case, the jurisdiction, and the workload of the prosecutor’s office. In some cases, an indictment can be filed relatively quickly, within a few months of when the alleged crime took place.

However, in more complex cases or jurisdictions with a heavy caseload, an indictment can take several months or even years to be issued. The timing can also be affected by the need for further investigation or the availability of evidence.

Ultimately there is a deadline for when an indictment must be filed by, which is the statute of limitations, which can not only differ from state to but also differ based on the type of crime.

What Happens After an Indictment?

After an indictment is issued, the legal process continues, and several possible outcomes can occur depending on the circumstances:

1. Arrest: After a grand jury decides to indict, the now formally accused person will either be arrested by law enforcement or be allowed to turn themselves in to law enforcement voluntarily.
2. Arraignment: The accused is brought before a judge and formally notified of the charges. They are asked to enter a plea of guilty or not guilty. If the accused pleads guilty, the case may proceed to sentencing. If they plead not guilty, the case proceeds to trial.
3. Pre-Trial Proceedings: Before the trial, the prosecution and defense engage in various pre-trial activities such as discovery (exchanging evidence), motion hearings (to suppress evidence or dismiss charges), and plea negotiations.
4. Trial: A trial occurs if the accused pleads not guilty or a plea agreement cannot be reached. The prosecution presents evidence, witnesses testify, and the defense can cross-examine witnesses and present their evidence.
   The jury or judge then determines guilt or innocence.
5. Verdict: If the accused is found guilty, a sentencing hearing is held where the judge determines the appropriate punishment. This can include imprisonment, fines, probation, or other penalties. If the accused is found not guilty, they are acquitted, and the case is closed.
6. Appeals: Following a conviction, the defendant may appeal the verdict or sentence if there were errors during the trial or other legal issues. This can lead to a higher court reviewing the case and potentially overturning the conviction or ordering a new trial.

It is important to note that the legal process can vary depending on the jurisdiction and the nature of the charges.

How Long After Indictment Does Arraignment Happen?

The timing of an arraignment after an indictment can vary depending on the jurisdiction and specific circumstances of the case. In many jurisdictions, the arraignment occurs within 72 hours after an indictment.

However, in some jurisdictions, it can take up to 6 months for an indicted person to have their arraignment hearing.

Can Charges be Dropped After Indictment?

Yes, charges can be dropped after an indictment. After an indictment, the prosecutor may choose to drop the charges for various reasons. Some common reasons for charges being dropped include:

1. Insufficient evidence: If the prosecutor does not have enough evidence to prove the defendant’s guilt beyond a reasonable doubt, they may choose to drop the charges.
2. Witness credibility issues: If key witnesses become unreliable or their credibility is questioned, it may weaken the case and lead to charges being dropped.
3. Cooperation agreements: In some cases, the prosecution may offer a plea deal or leniency in exchange for the defendant’s cooperation in another case, leading to the charges being dropped.
4. Constitutional violations: The charges may be dropped if the evidence is obtained illegally or the defendant’s constitutional rights were violated during the investigation or arrest.
5. Victim’s request: In some cases, the victim may request that charges be dropped, and the prosecution may decide to honor that request.

It is important to note that the decision to drop charges ultimately rests with the prosecutor, and they have the discretion to proceed or drop charges depending on the circumstances of the case.

Does an Indictment Mean You are Guilty?

No, an indictment does not automatically mean that the indicted person is guilty. Instead, an indictment is a formal accusation that a person has committed a crime based on evidence presented to a grand jury or a judge (in a preliminary hearing). It is a legal process that can initiate formal criminal proceedings against an individual.

However, the actual guilt or innocence of the accused is determined through a trial or plea negotiation process, where the evidence is presented and evaluated.

Until a person is proven guilty beyond a reasonable doubt in a court of law, they are considered innocent.

Is Indictment the Same as Conviction?

No, an indictment and a conviction are not the same. An indictment is a formal accusation or charge brought against an individual by a grand jury or a prosecutor. It signifies enough evidence to suggest that the person has committed a crime and should face a trial.

On the other hand, a conviction occurs when a person is found guilty of a crime by a judge or a jury after a trial or when the person pleads guilty to the charges. It is a formal declaration that the person has been proven guilty beyond a reasonable doubt.

In summary, an indictment is an initial step in the legal process, indicating that someone is being charged with a crime, while a conviction is a final outcome, indicating that the person has been found guilty of the crime.

What Does Grand Jury Indictment Mean?

A grand jury indictment refers to a formal accusation made by a grand jury, a group of citizens selected to review the evidence and determine whether there is enough evidence to charge someone with a crime.

The indictment is a written document that outlines the charges against the individual and is typically based on the evidence presented by the prosecutor.

If a grand jury issues an indictment, they believe there is sufficient evidence to proceed with a criminal trial and that the accused should be formally charged with the alleged crime.

Can an Indictment be Dismissed?

Yes, an indictment can be dismissed. When an indictment is dismissed it means a judge has dropped or set aside the indictment. The judge dismisses the formal accusation of the crime and the defendant will no longer be charged for that crime.

The dismissal can happen for various reasons, such as lack of evidence, procedural errors, violation of the defendant’s rights, expired statute of limitations, or other legal issues.

When an indictment is dismissed, it means that the case will not proceed to trial based on the court’s decision.

What Does Pre-Indictment Mean in Texas?

​​In Texas, “pre-indictment” refers to the period of time before a grand jury (or judge in a preliminary hearing) issues a formal indictment. It is the stage during which law enforcement and prosecutors investigate a crime and gather evidence to determine whether there is enough evidence to present to a grand jury.

During the pre-indictment phase, individuals may be questioned, arrested, or subject to search warrants but have not yet been formally charged with a crime.

Once the grand jury reviews the evidence and determines sufficient cause, an indictment is filed, and the formal legal process begins.

What are Sealed Indictments?

Sealed indictments are legal documents that a prosecutor files in a criminal case. They are called “sealed” because they are not made public and are kept confidential, meaning that the indictment details are not disclosed to the public or the defendant until later.

Sealed indictments are typically used when the accused person is not yet in custody or where there are concerns that the person might flee or tamper with evidence if they were aware of the charges against them.

By keeping the indictment sealed, law enforcement agencies can continue their investigation without alerting the defendant or the public.

Once the accused person is apprehended or the investigation is complete, the sealed indictment can be unsealed, and the charges are made known to the defendant.

At this point, the case proceeds to the trial phase, where the defendant can defend themselves against the charges.

What is a True Bill of Indictment?

In legal terms, a true bill of indictment is a formal written accusation issued by a grand jury, stating that there is enough evidence to proceed with a trial against a person accused of committing a crime.

It is called a “true bill” because it signifies that the grand jury believes sufficient evidence supports the charges and that the case should move forward.

Once a true bill of indictment is filed in the court, the accused person is formally charged with the crime and can be arraigned and stand trial.