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.

About the Author

Keep Reading

Fallen trees are seen from President Joe Biden’s motorcade on Thursday, October 3, 2024, as the president makes his way to survey damage from Hurricane Helene in Ray City. (Arvin Temkar / AJC)

Credit: arvin.temkar@ajc.com

Featured

Laurence Walker, a volunteer with the Cajun Navy Relief, left, takes two volunteers out on his boat on Lake Oconee to search for Gary Jones, Tuesday, February, 18, 2024, in Eatonton, Ga. The Putnam County sheriff is investigating and searching after Spelman College instructor Joycelyn Nicole Wilson and an Atlanta private school coach Gary Jones went missing on Lake Oconee over a week ago, Saturday Feb. 8th. The body of Wilson was found Sunday, Feb. 9th and Jones has not been found. (Jason Getz / AJC)

Credit: Jason Getz / Jason.Getz@ajc.com