Definition: To be indicted means that a grand jury has formally accused someone of committing a crime. It does not imply guilt, only that legal charges are being pursued.
Understanding legal terms can be confusing, especially when they appear in news headlines or court reports. One word you may encounter frequently is “indicted.”
In simple terms, being indicted means a person has been formally accused of a crime by a grand jury, but it does not mean the person is guilty. This distinction is crucial because indictments are a step in the legal process, not a conviction.
Knowing what “indicted” means helps readers interpret legal news accurately, understand the rights of the accused, and avoid common misconceptions about guilt.
This article provides a comprehensive, easy-to-understand explanation of the term, explores the indictment process, and clarifies related legal concepts such as being charged or arrested. With authoritative insights from legal definitions and real-world examples, you’ll gain a clear understanding of what it means when someone is indicted.
What Does “Indicted” Mean in Legal Terms?
Being indicted is a formal step in the criminal justice system. Legally, it means that a grand jury has reviewed evidence and decided there is enough to formally accuse a person of committing a crime. Importantly, an indictment does not mean the person is guilty—it simply authorizes the legal process to move forward.
The term “indict” comes from the Latin word indictare, which means “to declare” or “to accuse.” In modern law, indictments are mostly used in serious criminal cases, especially at the federal level.
Example in context:
“After reviewing the evidence, the grand jury indicted the company’s CEO on fraud charges.”
Key points to remember:
- An indictment is a formal accusation, not a verdict.
- It usually involves serious charges that may lead to a trial.
- Indictments are typically issued by a grand jury, not a judge.
This legal step ensures that there is sufficient evidence before someone is forced to defend themselves in court.
Difference Between Indicted, Charged, and Arrested
Many people confuse the terms indicted, charged, and arrested, but each has a specific meaning in the legal system. Understanding the differences helps clarify news reports and legal discussions.
Indicted
- A formal accusation by a grand jury that there is enough evidence for a case to proceed.
- Does not mean guilt.
- Typically used for serious crimes at federal or state levels.
Charged
- A prosecutor files charges against someone, which can happen with or without a grand jury.
- Can be used for minor or major crimes.
- Initiates the legal process, including arraignment and trial preparation.
Arrested
- Occurs when law enforcement takes someone into custody based on probable cause.
- An arrest can happen before or after being charged or indicted.
- Arrested individuals may be released on bail while awaiting trial.
Quick Comparison Table
| Term | Who Initiates It | Meaning | Implies Guilt? |
| Indicted | Grand jury | Formal accusation of a crime | No |
| Charged | Prosecutor | Legal accusation filed | No |
| Arrested | Police/Law Enforcement | Taken into custody | No |
Example:
“The senator was arrested after a police investigation, charged with fraud, and later indicted by a grand jury.”
Understanding these distinctions is essential for interpreting legal news accurately.
The Indictment Process Explained
The indictment process is a formal legal procedure used to determine whether there is enough evidence to charge someone with a serious crime. It usually involves a grand jury and a prosecutor. Here’s a step-by-step breakdown:
Investigation
Before an indictment, law enforcement and prosecutors investigate the alleged crime, gather evidence, and interview witnesses.
Presentation to a Grand Jury
- A grand jury is a group of citizens who review the evidence.
- The prosecutor presents evidence, witnesses, and documents.
- The defendant is not usually present during this process.
Deliberation
- The grand jury decides whether the evidence is sufficient to formally accuse the person.
- If enough evidence exists, they issue a “true bill” (indictment).
- If not, they issue a “no bill,” and no charges are filed.
Issuing the Indictment
- A true bill results in a formal indictment.
- The indictment is filed in court, and the defendant is officially notified of the charges.
Next Steps
- Once indicted, the defendant may face arraignment, where they enter a plea.
- The case then proceeds through the court system, potentially to trial.
Example:
“After months of investigation, the grand jury issued an indictment against the suspect, allowing the trial to move forward.”
Key Points to Remember:
- Indictments are usually for serious crimes like fraud, murder, or federal offenses.
- They act as a check on prosecutorial power, ensuring there is enough evidence before a trial.
Types of Indictments
Not all indictments are the same. Understanding the different types can help clarify legal news and court proceedings.
True Bill vs No Bill
- True Bill: Issued when a grand jury determines there is sufficient evidence to formally accuse someone of a crime.
- No Bill: Issued when the grand jury finds insufficient evidence, so no indictment is filed.
Federal vs State Indictments
- Federal Indictments: Handled in federal courts, usually for crimes like fraud, tax evasion, or interstate offenses.
- State Indictments: Managed in state courts, typically for violations of state criminal laws.
Grand Jury Indictments vs Indictments by Information
- Grand Jury Indictments: Most common for serious crimes; a jury evaluates the evidence before filing charges.
- Information: Some states allow prosecutors to file an information without a grand jury, especially for less serious crimes.
Example:
“The federal grand jury issued a true bill indictment against the business owner for embezzlement, while the state opted to proceed with information for minor related charges.”
Key Takeaways:
- The type of indictment depends on evidence strength, jurisdiction, and seriousness of the crime.
- Understanding these distinctions helps readers interpret legal proceedings accurately.
What Happens After Someone Is Indicted?
Once a person is indicted, the legal process moves forward, but it’s important to remember that an indictment does not mean guilt. Here’s what typically happens next:
Arraignment
- The defendant is formally notified of the charges in court.
- They are asked to enter a plea: guilty, not guilty, or no contest.
- The judge may set bail or release conditions.
Pre-Trial Proceedings
- Lawyers from both sides prepare for trial.
- Motions may be filed, such as motions to dismiss or suppress evidence.
- Discovery occurs, where both sides share evidence.
Plea Negotiations
- The defendant may be offered a plea deal to avoid trial.
- Plea bargains can reduce charges or sentencing in exchange for a guilty plea.
Trial
- If no plea deal is made, the case goes to trial.
- Evidence is presented to a judge or jury, who decides guilt or innocence.
Possible Outcomes
- Acquittal: Defendant is found not guilty.
- Conviction: Defendant is found guilty and sentenced.
- Dismissal: Case is thrown out due to procedural or evidence issues.
Example:
“After being indicted, the CEO was arraigned, pleaded not guilty, and entered pre-trial negotiations with prosecutors before the trial date was set.”
Key Takeaways:
- An indictment starts the formal legal process, but it does not determine guilt.
- Understanding this process helps avoid confusion when reading news about indicted individuals.
Famous Indictments in History
Indictments often make headlines, especially when public figures or high-profile cases are involved. While being indicted is a formal accusation, media coverage can sometimes make it seem like a guilty verdict, which is why understanding the term is important.
Notable Examples:
- Richard Nixon (1974) – Although President Nixon resigned before being formally indicted, investigations into the Watergate scandal illustrate how indictments can follow extensive investigations.
- Martha Stewart (2003) – Stewart was indicted on obstruction of justice and insider trading charges, showing how indictments apply to corporate and financial crimes.
- Enron Executives (2002) – Several Enron leaders were indicted for fraud and conspiracy during one of the biggest corporate scandals in U.S. history.
- High-Profile Political Figures – Over the years, politicians at both state and federal levels have been indicted for corruption, fraud, or campaign finance violations.
Key Points:
- Indictments bring legal charges, but the accused is still presumed innocent until proven guilty.
- High-profile indictments help the public understand how the justice system works.
- Media often reports indictments prominently, which can shape public perception before trials occur.
Example in context:
“Although indicted for insider trading, Martha Stewart maintained her innocence and faced the court process to resolve the charges.”
Common Misconceptions About Being Indicted
Many people misunderstand what it means to be indicted, leading to confusion or unfair assumptions. Here are the most common misconceptions:
Indicted Means Guilty
- False: Being indicted is only a formal accusation.
- Guilt is determined later in trial or via a plea deal.
An Indictment Happens After Arrest
- Not always. Someone can be indicted without ever being arrested initially, especially in federal cases.
Indictments Are Always Public Knowledge
- Generally, indictments are public, but some details may be sealed temporarily for ongoing investigations.
Indicted = Convicted
- Indictments do not result in sentencing. Conviction comes only after trial or plea agreement.
Everyone Indicted Goes to Trial
- Some defendants accept plea deals before trial. Others may have charges dismissed.
Example in context:
“Although indicted, the actor’s trial was months away, highlighting that indictment does not equal conviction.”
Key Takeaways:
- Always remember that an indictment is a procedural step, not a determination of guilt.
- Understanding these misconceptions helps interpret legal news accurately.
Indictment vs Information: What’s the Difference?
In the legal system, criminal charges can be initiated in two main ways: indictment and information. While both start the legal process, they differ in procedure and use.
Indictment
- A formal accusation issued by a grand jury after reviewing evidence.
- Usually reserved for serious crimes, especially at the federal level.
- Ensures an independent group of citizens evaluates whether there’s enough evidence to proceed.
Information
- A formal accusation filed by a prosecutor without a grand jury.
- Commonly used for less serious crimes or in states where grand jury proceedings are not required.
- Often leads directly to arraignment and trial preparation.
Key Differences
| Feature | Indictment | Information |
| Initiator | Grand jury | Prosecutor |
| Crime Severity | Usually serious/felony | Minor or moderate offenses |
| Procedure | Evidence reviewed by grand jury | Filed directly by prosecutor |
| Requirement | Not required in all states | Accepted in most states |
Example in context:
“The prosecutor decided to file an information for the minor theft case, while the grand jury issued an indictment for the more serious fraud charges.”
Takeaway:
- Both indictment and information formally accuse someone of a crime, but the process and level of oversight differ.
Key Legal Terms Related to Indictments
Understanding indictments also means knowing related legal terms. Here are the most important ones:
Accused
- The person alleged to have committed a crime.
- Not guilty until proven in court.
Defendant
- The legal term for someone facing criminal charges in a court case.
- Can be indicted, charged, or arrested.
Arraignment
- The first court appearance after being indicted or charged.
- The defendant enters a plea: guilty, not guilty, or no contest.
Grand Jury
- A group of citizens tasked with reviewing evidence to decide if charges should be filed.
- Issues a true bill (indictment) or no bill (no charges).
Plea Bargain
- An agreement between the defendant and prosecutor.
- Can reduce charges or sentence in exchange for a guilty plea.
Criminal Charges
- Formal accusations that someone has violated the law.
- Can be filed via indictment or information.
Example in context:
“The defendant appeared at the arraignment after being indicted, and the prosecutor offered a plea bargain to resolve the criminal charges.”
Key Takeaway:
- Knowing these terms helps readers follow legal news, understand court processes, and interpret indictment reports accurately.
FAQs
Can someone be indicted without being arrested?
- Yes. An indictment is a formal accusation by a grand jury and can occur before or without an arrest, especially in federal cases.
How long does an indictment last?
- An indictment remains in effect until the case is resolved through trial, dismissal, or plea agreement. There is no fixed “expiration” date.
Is an indictment public record?
- Generally, yes. Indictments are filed with the court and are accessible to the public.
- Some details may be temporarily sealed for ongoing investigations.
Can an indictment be dismissed?
- Yes. A judge may dismiss an indictment if there are procedural errors or insufficient evidence.
Does being indicted affect bail?
- Yes. Bail may be set or adjusted after an indictment depending on the severity of charges and flight risk.
Is an indicted person automatically convicted?
- No. Indictment is not a conviction. The person is presumed innocent until proven guilty in court.
What is the difference between indictment and information?
- Indictments are issued by a grand jury, while information is filed directly by a prosecutor. Both formally accuse a person of a crime.
Key Takeaway:
- Understanding these FAQs helps readers interpret legal news accurately and distinguish between accusations, arrests, and convictions.
Conclusion
Being indicted is a formal legal step that signals a grand jury or prosecutor believes there is enough evidence to accuse someone of a crime. However, it’s important to remember that an indictment does not mean guilt—it simply starts the legal process.
Understanding the distinction between being indicted, charged, or arrested helps readers interpret legal news accurately and avoid common misconceptions.
The indictment process ensures checks and balances in the justice system, allowing evidence to be reviewed before someone is required to defend themselves in court.
If it’s a high-profile public figure or an everyday citizen, the legal system treats indictments as an initial step, not a verdict. By learning key terms like grand jury, arraignment, plea bargain, and defendant, you can better understand the courtroom process and what news reports about indictments really mean.
In short, knowing what it means to be indicted helps you stay informed, interpret news responsibly, and understand legal rights.
