What’s an indictment? Here’s what to know
An indictment is a formal accusation against someone suspected of committing a serious crime.
Indictments are handed down by a grand jury, which is a randomly selected group of 16-23 citizens summoned to serve in the jurisdiction where the charges are being sought. Grand juries do their work in secret. They often meet for weeks at a time and hear evidence in multiple cases.
Grand jury proceedings are one-sided. Defense lawyers are not involved; Prosecutors decide which witnesses and evidence to present. Grand jurors may ask witnesses questions as they determine whether there is probable cause to bring criminal charges.
Probable cause is a standard set forth in the Fourth Amendment of the U.S. Constitution and means that a reasonable person would believe that a crime had been committed. It is substantially less strict than the threshold of beyond a reasonable doubt, which is used to convict someone during a criminal trial.
Where a jury in a criminal trial must reach a unanimous verdict, a grand jury can issue an indictment with a simple majority.
Indictments may be sealed until the suspect appears in court. Prosecutors share their evidence with defense attorneys, who often ask a judge to dismiss the case on various legal grounds.
A trial may not be scheduled for months — or years — after an indictment is handed down.
Trump investigations in Georgia and elsewhere - Continuing Coverage
The Trump Georgia investigation 101: What is it about?’
READ: Full Fulton County grand jury indictment
Who’s who in the Georgia Trump indictment - Photos, bio, charges at a glance
Who is Fani Willis, the Georgia DA prosecuting Trump
Scott McAfee: Meet the judge overseeing the case
Racketeering: Explaining the ‘criminal enterprise’ described in the indictment
LISTEN: ‘The Trump Indictment’ podcast — ‘The Enterprise’ - AJC Breakdown
LISTEN: Donald Trump and his allies indicted in Georgia - Politically Georgia
Watch: What is RICO? The Georgia racketeering law could be a factor
A closer look at state laws examined by Fulton DA in Trump probe
Fulton courthouse has seen its share of big cases
Georgia and Trump: Takeaways from the push to overturn the 2020 election
AJC Special Report: Inside the campaign to undermine Georgia’s election
Complete coverage of Trump and the Georgia investigation
Get the latest on the Trump indictment with the AJC’s pop-up newsletter. Every Wednesday through the proceedings, our veteran journalists guide you though these unprecedented times. Sign up
