Indictment in Criminal Procedure

An indictment is a formal criminal charge, often issued after grand jury review, accusing a person of a serious offense.

Indictment is a formal criminal accusation that charges a person with an offense, often after a grand jury concludes that enough evidence exists to proceed.

Why It Matters

An indictment matters because it is one of the formal ways a serious criminal case begins. It signals that the government is not just investigating but is moving forward with charges that the defendant will have to answer in court.

The term also matters because many readers hear it in news coverage and assume it means guilt. It does not. It means the case has reached a formal charging stage.

Where It Appears in Practice

Indictments appear in felony prosecutions, grand jury proceedings, arraignment scheduling, plea negotiations, and media coverage of criminal cases. They usually describe the charges and the alleged conduct at a formal level.

Practical Example

A grand jury reviews witness testimony, records, and investigative evidence in a fraud case. It returns an indictment charging the defendant with multiple felony counts.

How It Differs From Nearby Terms

An indictment is a charging document, not a conviction. It is often associated with felony cases and may lead directly to arraignment. The government still carries the burden of proof at trial.

Knowledge Check

  1. Does an indictment mean the defendant has been proven guilty? No. It is a formal charge, not a finding of guilt.
  2. Why is indictment often linked with felony cases? Because serious prosecutions often use formal charging procedures such as grand jury indictment.