An indictment is a crucial step in the criminal justice process, serving as a formal charge against an individual for committing a serious crime. This guide gives you a clear understanding of what an indictment is, shedding light on its purpose, contents, and the procedures involved.
What is an indictment?
An indictment is a crucial legal document that accuses an individual of a serious crime. It is a written statement detailing the charges filed against them. Typically, a grand jury issues an indictment after evaluating evidence presented by the prosecutor and determining that there’s probable cause to proceed with charges. It’s essential to understand that an indictment doesn’t equal guilt; rather, it signifies that there’s sufficient evidence to suspect the accused committed the crime.
What is in the indictment document?
The indictment is a formal written statement outlining the essential facts related to the alleged offense. It should be clear, concise, and signed by the prosecuting attorney. No formal introduction or conclusion is necessary, and irrelevant details should be omitted.
An indictment may contain multiple “counts.” Each count refers to a separate criminal allegation against the defendant. For example, Count 1 might be felony murder, Count 2 might be kidnapping, Count 3 might be false imprisonment, and Count 4 might be aggravated assault.
Each count of the indictment should cite the specific law or regulation violated. The document must provide sufficient detail for the defendant to understand the charges fully. The drafter must ensure that the document includes all elements of the offense. This may include the specifics about the defendant’s mental state, causation factor, and other details of the crime. Additionally, it should be descriptive enough to allow the defendant to prepare a defense effectively.
When is there an indictment?
It’s important to understand that not every crime requires an indictment. Under the federal court system, indictments are required for felonies, which are severe offenses that carry a sentence of more than one year in prison. Felonies include severe crimes such as rape, murder, arson, burglary, kidnapping, and treason.
The Fifth Amendment mandates the involvement of a grand jury in such cases. Typically, an indictment is issued when a prosecutor believes there’s enough evidence to convict a person. However, being charged doesn’t automatically mean going to jail; after the trial, the accused might be found not guilty of the crime.
Some U.S. states also require indictment for serious violations of state criminal law. Indictments are required in 23 states, whereas 25 others have made it optional.
An indictment can be issued at different stages of the trial process, depending on the jurisdiction. Some jurisdictions require an indictment before arrest, while others proceed with the arrest first and then file the indictment.
The Indictment Guide
The U.S. federal court system handles federal indictments. Here’s a general overview of how federal indictments work.
Who decides whether to indict?
The grand jury decides whether to issue indictments. Grand jurors are selected randomly to ensure fair representation. Federal grand juries consist of 16-23 jurors and at least 16 must agree to issue an indictment.
What happens if you are indicted?
When an indictment is issued, the accused person is either arrested or given the option to surrender voluntarily to law enforcement. Subsequently, they are “booked” as a defendant in the criminal case. This process includes fingerprinting and photographing them.
How is evidence presented in an indictment?
In an indictment proceeding, the government counsel typically presents evidence and a witness list, while the defense usually does not present any evidence or arguments at this stage.
In federal court, witnesses are not allowed to have an attorney present during grand jury questioning. However, they can leave the room to consult their counsel before answering questions. Witnesses also have the right to plead the Fifth Amendment.
The accused cannot be forced to testify against themself. They may be asked to appear voluntarily in federal court, and if they do, they must sign a formal document waiving their right not to testify.
During questioning, the government attorney asks questions first, followed by the foreman, and then each juror has the opportunity to ask questions.
What is an indictment vote?
Following the presentation of evidence, the grand jury holds a private deliberation. The number of votes needed to indict varies by jurisdiction. In federal trials, at least 12 out of the minimum 16 grand jurors present must vote in favor of indictment.
A formal statement of the charges (the indictment) is issued if the required number of votes is obtained. However, if the necessary votes are not obtained, a “no bill” or “not a true bill” decision is issued, indicating that the accused will not be indicted. In such cases, the accused will be released from jail or bond.
State court indictments and alternative hearings
About half of the states also require indictment for serious criminal offenses. The process for state court indictments varies from state to state. The selection process and number of grand jurors can also vary by state and jurisdiction, with the number of jurors ranging from 5 to 23.
In about half of the states, indictments are optional. In those states, when indictment is not pursued, a preliminary hearing is conducted. During this hearing, the judge will evaluate the evidence presented and decide whether probable cause exists to proceed to trial. If the evidence fails to meet the probable cause threshold, the court will dismiss the case.
Contact an attorney for help with your case
Contacting an attorney is essential when dealing with indictment charges. A skilled attorney with expertise in dealing with indictments can help you gather evidence, ensure you take the proper steps at every stage, and provide valuable guidance throughout the process.
If you have been wrongfully accused or charged, your attorney will work to lessen a potential sentence or fight for an acquittal. They can also look for errors in the indictment and any violations of your constitutional rights (e.g.,an unlawful search and seizure or coerced confession).
FAQs
What is an indictment?
An indictment is a legal document accusing an individual of a serious crime. A grand jury issues it after assessing evidence presented by the prosecutor, indicating probable cause. It's crucial to note that an indictment doesn't equate to guilt but suggests there's enough evidence to suspect involvement.
What do I do if I am indicted?
Upon being indicted, you must understand the charges against you and attend court hearings. You must enter a plea and prepare for trial or consider a plea bargain. Furthermore, consider voluntarily turning yourself in to avoid sudden arrest. Seeking a lawyer immediately for legal advice and assistance is important. The lawyer will ensure that the indictment is handled correctly.
How serious is an indictment?
An indictment is a formal accusation in a criminal case against someone suspected of committing a serious offense. In a federal criminal case, an indictment means accusing somebody of committing a felony, such as murder, kidnapping, or robbery. It signals the beginning of a criminal proceeding that could have far-reaching consequences for the individual involved.
What is the purpose of an indictment?
The purpose of an indictment is to formally charge an individual with a serious crime, typically after a grand jury has reviewed the evidence presented by the prosecutor and determined that there is probable cause to proceed with the charges.
What happens after you are indicted?
Upon issuance of an indictment, the individual facing charges may undergo arrest or opt to surrender voluntarily to law enforcement authorities. Following this, they will proceed through the standard procedures associated with becoming a defendant in a criminal case, commonly referred to as "booking."