Definition
An indictment is a formal written accusation, returned by a grand jury, that charges a person with one or more crimes after the grand jury finds probable cause. It is an accusation, not a determination of guilt. An indictment begins the formal criminal case, and the accused remains presumed innocent until the government proves the charges beyond a reasonable doubt at trial.
Legal Meaning
An indictment is the charging instrument that formally accuses a person of a crime when a grand jury is used. After hearing the prosecutor's evidence, the grand jury votes on whether there is probable cause to believe the accused committed the offense. If enough grand jurors agree, they return a "true bill"—the indictment—which sets out the specific charges. If they decline, they return a "no bill," and the proposed charges do not proceed at that time.
The Fifth Amendment guarantees that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." In the federal system, this means felonies generally must be charged by indictment unless the defendant waives that right. The Supreme Court, however, has held that this grand jury requirement does not automatically apply to the states. As a result, many states allow prosecutors to charge serious crimes by an "information" instead—a document filed directly by the prosecutor, typically after a judge finds probable cause at a preliminary hearing. Some states use grand juries for the most serious offenses and informations for others.
An indictment must give the accused fair notice of the charges, consistent with the Sixth Amendment right "to be informed of the nature and cause of the accusation." It typically identifies the defendant, describes the alleged conduct, cites the statutes violated, and may include multiple counts. Crucially, an indictment is only an accusation. It carries no presumption of guilt; the presumption of innocence remains, and the burden stays on the prosecution throughout the case. Anyone who has been indicted should promptly seek criminal defense counsel.
Key Points
- An indictment is a formal charge returned by a grand jury that finds probable cause
- A "true bill" is an indictment; a "no bill" means the grand jury declined to charge
- The Fifth Amendment requires indictment for serious federal crimes, absent a waiver
- States are not bound by that requirement, so practice varies widely
- Many states allow charging by "information" instead of by grand jury indictment
- An indictment is an accusation only—it does not establish guilt
- The accused remains presumed innocent and entitled to a full trial
- An indictment must give fair notice of the specific charges
Real-World Example
After investigators gather evidence of an embezzlement scheme, federal prosecutors present the case to a grand jury. The grand jury reviews bank records and witness testimony, finds probable cause, and returns an indictment charging the suspect with several counts of wire fraud and theft. The indictment names the defendant, describes each fraudulent transaction, and cites the statutes allegedly violated. The defendant is then arrested and brought to court for an arraignment, where the charges are read and a not-guilty plea is entered on the advice of counsel. Despite the indictment, the defendant is still presumed innocent, and the government must prove every count beyond a reasonable doubt at trial before any conviction can result.
Charging Documents Compared
| Document | Who Brings It | Typical Use |
|---|---|---|
| Indictment | Returned by a grand jury | Felonies, especially in federal court |
| Information | Filed by a prosecutor | Felonies in many states after a preliminary hearing |
| Complaint | Filed by a prosecutor or officer | Initiating a case; common for misdemeanors |
| Citation / Summons | Issued by an officer or court | Minor offenses and infractions |
What Happens After an Indictment
Once an indictment is returned, the case generally proceeds through these stages:
- Arrest or summons: The accused is taken into custody or ordered to appear.
- Arraignment: The charges are read, a plea is entered, and bail is addressed. See arraignment.
- Discovery: The defense and prosecution exchange evidence.
- Pretrial motions: The defense may move to dismiss the indictment or suppress evidence.
- Plea or trial: The case resolves through a plea bargain or proceeds to trial.
Throughout, the protections against double jeopardy and the presumption of innocence continue to apply, and the defendant retains the right to challenge the charges at every stage.
Related Terms
Have You Been Indicted?
A criminal defense lawyer can challenge the charges and protect your future
Find Criminal Defense HelpWhen You Need a Lawyer
An indictment signals a serious prosecution, and you should retain a criminal defense attorney without delay. A lawyer can:
- Explain exactly what you are charged with and what the government must prove
- Examine the indictment for defects and move to dismiss when grounds exist
- Challenge the grand jury process or the sufficiency of probable cause
- Advise you on bail, plea options, and trial strategy
- Protect you from self-incrimination and guide every decision in the case
To understand how the charging process connects to the grand jury, see our page on the grand jury, and explore our criminal defense practice area for guidance on the road ahead.
Frequently Asked Questions
What does it mean to be indicted?
Being indicted means a grand jury has reviewed the prosecutor's evidence and found probable cause to formally charge you with a crime. An indictment is a written accusation, not a finding of guilt. It begins the formal criminal case, and the accused is still presumed innocent and entitled to a trial where the government must prove the charges beyond a reasonable doubt.
What is the difference between an indictment and an information?
An indictment is a charging document returned by a grand jury, while an information is a charging document filed directly by a prosecutor, usually after a preliminary hearing where a judge finds probable cause. Both formally charge a crime, but the indictment involves a grand jury and the information does not. Which one is used depends on the jurisdiction and the level of the offense.
Does an indictment mean you are guilty?
No. An indictment is only an accusation that there is probable cause to bring charges. It does not establish guilt. The accused remains presumed innocent, and the prosecution must still prove every element of the crime beyond a reasonable doubt at trial. Many indicted defendants are later acquitted, have charges dismissed, or resolve their cases through plea agreements.
What happens after you are indicted?
After an indictment, the accused is typically arrested or summoned to court and brought before a judge for an arraignment, where the charges are read and a plea is entered. The case then moves through pretrial proceedings such as discovery and motions, and may resolve by plea bargain or proceed to trial. Bail or release conditions are also addressed early in the process.
Can an indictment be dismissed?
Yes. A defense attorney can move to dismiss an indictment for reasons such as defects in the charging document, lack of probable cause, grand jury irregularities, or violations of the defendant's rights. Prosecutors can also dismiss charges they decide not to pursue. Dismissal does not always end the matter permanently, since charges can sometimes be refiled, depending on the circumstances.