What Is an Indictment? A Plain Guide to Formal Criminal Charges

The word indictment appears in headlines often, usually alongside a well known name. It can sound like the end of a story. In fact, it is closer to the beginning. An indictment is a formal accusation that starts a serious criminal case on its path to court.

This guide explains, in plain terms, what an indictment is in the United States, who decides to issue one and what happens afterward. It is general information, not legal advice.

A formal charge from a grand jury

An indictment is a written document that formally charges a person with one or more crimes. It is issued by a grand jury, a group of citizens who hear evidence presented by prosecutors and decide whether there is enough to bring charges.

A grand jury is different from a trial jury. It does not decide guilt or innocence. Its job is to decide whether there is probable cause, meaning a reasonable basis to believe that a crime was committed and that the person charged committed it.

How the grand jury works

In the federal system, a grand jury has between 16 and 23 members, and at least 12 must agree before an indictment can be returned. When they agree, the result is often called a true bill. When they do not, it is called a no bill.

Grand jury proceedings are held in private. The person under investigation usually does not present a defense, and there is no judge in the room during testimony. This secrecy is meant to protect witnesses, encourage candid testimony and protect people who are investigated but never charged.

The Fifth Amendment to the US Constitution requires a grand jury indictment for serious federal crimes, unless the defendant waives it. States set their own rules, and many allow felony charges to be brought without a grand jury.

Indictment, information and complaint

Not every criminal case begins with an indictment. A prosecutor can also file an information, which is a charging document written by the prosecutor without a grand jury. In many states, an information is followed by a preliminary hearing, where a judge decides whether there is probable cause.

A criminal complaint is often the very first document filed, especially when someone is arrested quickly. A complaint may later be replaced by an indictment or an information as the case moves forward.

Sometimes an indictment is sealed, meaning it is kept confidential for a period, for example until the person charged is arrested. A grand jury can also return a superseding indictment later, which replaces the original and may add, drop or change charges as the investigation develops.

What happens after an indictment

After an indictment is returned, the defendant is brought before a court for an arraignment. At that hearing, the charges are read and the defendant enters a plea, such as guilty or not guilty. The court also addresses issues such as release conditions and appointment of a lawyer if the defendant cannot afford one.

From there, the case moves through pretrial stages, which may include exchange of evidence, motions and plea negotiations. Many cases are resolved through plea agreements. Others go to trial, where prosecutors must prove guilt beyond a reasonable doubt, a much higher standard than probable cause. A defendant who goes to trial also has the right to a lawyer, the right to confront witnesses and the right not to testify.

Why the difference matters

An indictment is an accusation, not a conviction. Every defendant is presumed innocent unless and until the prosecution proves guilt at trial or the defendant pleads guilty.

That is why careful reporting uses words like charged, accused and alleged. When you see the word indictment in the news, read it as the formal start of a criminal case. The facts still have to be tested in court, and the outcome is not decided until they are.