What is an Indictment

An indictment is a formal criminal charge issued by a grand jury after reviewing evidence and finding probable cause that a person committed a felony.

An indictment is a formal criminal charge against a person, issued by a grand jury after reviewing evidence and determining there is probable cause to believe the accused committed the crime charged. Indictments are used in the federal court system and in most state court systems for felony offenses.

What a Grand Jury Does

A grand jury is a group of citizens (typically 16–23 people) who review evidence presented by prosecutors to determine whether there is enough evidence to bring a person to trial. Unlike a trial jury (petit jury), a grand jury:

Operates in secret — proceedings are not public
Does not determine guilt or innocence — only whether there is probable cause to proceed to trial
Hears only the prosecution's evidence — the target has no right to present a defense or cross-examine witnesses
Decides by majority vote (federal: 12 of 23 must agree to indict)

Indictment vs. Criminal Complaint

Indictment — Used for serious felonies, especially at the federal level; requires grand jury approval
Criminal complaint or information — A formal charge filed directly by a prosecutor without a grand jury, used in many states for misdemeanors and some felonies

The Fifth Amendment and Indictments

The Fifth Amendment to the U.S. Constitution requires that federal felony prosecutions be initiated by a grand jury indictment: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury..."

What Happens After an Indictment

The indicted person is arraigned — formally informed of the charges and asked to enter a plea
The case proceeds to discovery — both sides exchange evidence
The case goes to trial or resolves via plea bargain

"True Bill" vs. "No Bill"

True bill — Grand jury returns an indictment; charges proceed
No bill — Grand jury finds insufficient evidence; charges are dropped (though prosecutors can re-present to a new grand jury)

Famous Indictments

Many high-profile political and corporate fraud cases begin with grand jury indictments
Presidents, cabinet members, and celebrities have been indicted, generating significant media coverage