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What is an Indictment?
The Fifth Amendment to the United States Constitution requires the federal government to seek an indictment from a grand jury in order to prosecute someone for a felony or "otherwise infamous" crime. Since an indictment typically follows a grand jury decision but before an arrest, it may be "sealed" for a certain amount of time to prevent the defendant from fleeing, destroying evidence, or otherwise evading prosecution.
State-Level Indictments
Since individual states are not required to use a grand jury to obtain felony indictments, those that do are allowed to make their own rules. State grand juries function in a similar manner to federal grand juries but tend to vary by the number of jurors and type of majority required to indicate a defendant.
What Does it Mean to be Charged With a Crime?
Being served with criminal charges means that the government has formally accused a person of a crime. A person charged with a crime is, by law, innocent until proven guilty. Being convicted of a crime means that the person has pleaded guilty or has been found guilty after trial. A person convicted of a crime is, by law, Guilty.
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What is a Grand Jury?
The grand jury serves 2 main functions: to investigate and to protect citizens against unfounded criminal prosecutions.
In its investigative capacity, a grand jury can subpoena documents and witnesses. However, even when a grand jury issues subpoenas, it does not necessarily mean that criminal charges will be brought.
In its charging capacity, a grand jury determines whether there is enough evidence to constitute probable cause that a crime has been committed and to charge a person or organization with that crime. A grand jury does not determine guilt or innocence.
A grand jury indictment is required for all federal felonies; however, the defendant may waive the right to a grand jury indictment and have a judge make the probable cause determination.
What is a Probable Cause Affidavit?
The probable cause affidavit is a summary of the evidence and circumstances of an arrest. It is written by the arresting officer and given to a judge to review. A probable cause affidavit is required when an officer makes a “warrantless arrest,” which is when the officer arrests someone without getting permission from a judge first.
FAQs
Can someone be both indicted and charged?
Yes, someone can be both indicted and charged in certain legal systems, though the terms refer to different stages of the legal process. A person may be charged by the police and later indicted by a grand jury for the same offense, especially in serious felony cases.
What types of crimes typically require an indictment?
Crimes that typically require an indictment include serious felonies such as murder, rape, drug trafficking, and organized crime offenses. Indictments are often used for federal cases and major state-level felonies.
Do misdemeanors require an indictment?
No, misdemeanors generally do not require an indictment. Misdemeanor charges are usually brought directly by law enforcement or a prosecutor without the involvement of a grand jury.
Can an indictment be sealed?
Yes, indictments can be sealed in certain cases, meaning they are kept confidential until the defendant is arrested or arraigned. Sealed indictments are often used in sensitive or ongoing investigations.
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