Indited Meaning in Law: What It Means and What Happens Next
Explore the legal meaning of being indicted, the steps that follow, and how it fits into the broader criminal justice process.
Legal terms can often feel confusing, especially when they appear in headlines involving public figures or criminal cases. One such term—indicted—frequently raises questions about its meaning and the subsequent steps in the legal process.
Understanding what follows an indictment is helpful for making sense of the justice system, whether following a specific case or seeking general knowledge about legal procedures and individual rights.
What an Indictment Means
An indictment is a formal written accusation stating that there is enough evidence to charge someone with a serious crime. It serves as official notice to the accused, detailing the alleged offense and the specific law supposedly violated.
Issuing an indictment signifies that a body, typically a grand jury, has found “probable cause”—reasonable grounds to believe that a crime occurred and the accused likely committed it. This standard is less demanding than the “beyond a reasonable doubt” proof required for a conviction at trial. An indictment is not a finding of guilt; it indicates only that the prosecution has presented sufficient preliminary evidence to proceed toward trial. The Fifth Amendment to the U.S. Constitution requires this process for federal prosecutions involving serious crimes, generally felonies punishable by more than one year in prison.1United States Department of Justice. Justice Manual | 205. When an Indictment is Required Many states use similar procedures, although they are not constitutionally required to follow the exact federal model.
Being indicted marks a formal step where the prosecution meets the threshold to officially charge someone, allowing the case to move forward and ensuring the accused is formally notified before facing trial.
The Grand Jury Step
The formal accusation detailed in an indictment typically originates from a grand jury. This body serves as a check between the initial investigation and formal prosecution. The Fifth Amendment mandates a grand jury indictment for federal felonies, stating that no one shall face charges for such crimes without one.2Library of Congress. Grand Jury Clause Doctrine and Practice | Constitution Annotated
A grand jury consists of 16 to 23 citizens selected from the community.3United States Courts. Types of Juries Unlike a trial jury, its purpose is not to determine guilt but to decide if there is “probable cause” to bring charges. Grand juries review evidence presented by a prosecutor over extended terms, sometimes lasting months.
These proceedings are conducted in strict secrecy. This confidentiality encourages witnesses to testify without fear, prevents suspects from fleeing, and protects the reputations of those investigated but not charged. Only grand jurors, the prosecutor, the testifying witness, and a court reporter are typically present. The person under investigation usually has no right to attend or present evidence, though they may be subpoenaed.
The prosecutor presents evidence, including testimony and documents, to persuade the grand jury that probable cause exists. The grand jury can issue subpoenas to compel testimony or document production. If at least 12 jurors (in the federal system) agree that probable cause exists, they issue an indictment, often called a “true bill.”4Judicial Conference of the United States. Handbook for Federal Grand Jurors If they find insufficient evidence, they return a “no bill,” and charges are usually dropped based on the evidence presented.
Formal Charges and Arraignment
Once a grand jury returns an indictment and it is filed with the court, it becomes the official charging document. This marks the shift from the confidential grand jury investigation to public court proceedings.
Following the indictment, the accused, now called the defendant, appears in court for an arraignment.5Legal Information Institute (Cornell Law School). Rule 10. Arraignment | Federal Rules of Criminal Procedure This hearing must occur in open court. The defendant is formally notified of the charges listed in the indictment, ensuring their Sixth Amendment right “to be informed of the nature and cause of the accusation.”
During the arraignment, the court also informs the defendant of key constitutional rights, including the right to remain silent (Fifth Amendment) and the right to an attorney (Sixth Amendment). If the defendant cannot afford a lawyer, the court advises them of their right to have one appointed.6Legal Information Institute (Cornell Law School). Rule 44. Right to and Appointment of Counsel | Federal Rules of Criminal Procedure
The defendant must then enter a plea: typically “guilty,” “not guilty,” or “nolo contendere” (no contest). A “not guilty” plea leads to further proceedings, potentially including a trial where the prosecution must prove guilt beyond a reasonable doubt. A “guilty” plea usually moves the case directly to sentencing. A “nolo contendere” plea means the defendant accepts conviction without admitting guilt, often treated like a guilty plea in the criminal case but potentially differing in civil contexts. If a defendant refuses to plead, the court usually enters a “not guilty” plea for them. The arraignment formally begins the court phase based on the indictment.
Legal Consequences
After indictment and arraignment, the case proceeds based on the formal charges. The defendant’s liberty may be restricted; if released pending trial, it is often under conditions set by the court, such as those outlined in the federal Bail Reform Act.7Federal Judicial Center. The Bail Reform Act of 1984 These conditions, like travel restrictions or electronic monitoring, aim to ensure future court appearances and community safety. Violating these conditions can result in pretrial detention.
The indictment also initiates the discovery process, where prosecutors must disclose specific information to the defense upon request. This typically includes the defendant’s statements, criminal record, and evidence intended for use at trial, such as documents or expert testimony summaries. This exchange helps the defense prepare its case, ensuring fairness as required by legal precedent like Brady v. Maryland, which mandates disclosure of evidence favorable to the accused.8United States Department of Justice. Justice Manual | 9-5.000 – Discovery, Trials, And Other Proceedings
An indictment can also trigger significant collateral consequences before any conviction. Professionals like doctors or lawyers may face investigations by licensing boards, potentially leading to license suspension. Security clearances, employment prospects, and even housing can be negatively affected, showing that the formal accusation alone carries substantial weight.
When to Seek Counsel
The complexities following an indictment highlight the critical need for legal representation. Ideally, consulting an attorney should happen early, even before charges are filed, such as when someone learns they are a target of a grand jury investigation or are contacted by law enforcement. Early legal advice can help protect an individual’s rights, including the Fifth Amendment right against self-incrimination.
The need for a lawyer becomes a constitutional right once formal judicial proceedings begin. The Supreme Court has established that the Sixth Amendment right to counsel applies at the start of such proceedings, which includes indictment or arraignment. As affirmed in Rothgery v. Gillespie County (2008), this right begins at the defendant’s first court appearance where charges are presented and liberty is restrained.9Oyez. Rothgery v. Gillespie County
The period immediately after indictment, including the arraignment, is considered a “critical stage” where legal representation is vital. Landmark cases like Gideon v. Wainwright (1963) guarantee counsel during these phases. An attorney’s presence at arraignment is crucial for understanding the charges, advising on rights, and guiding the plea decision—actions that heavily influence the case’s direction. Promptly seeking counsel ensures these fundamental rights are protected from the outset.
