An indictment is a formal accusation that starts a criminal case, but it's not a conviction. Here’s what it means to be indicted.
A grand jury indictment (in-DITE-ment) is a formal accusation that charges a person with a crime and starts a criminal case. The grand jury—a panel of 15 to 23 individuals—reviews whether the prosecutor’s evidence supports the charges. If enough grand jurors agree that probable cause exists that a suspect committed a crime, it votes to indict. The indictment contains notice of the criminal charges against the person.
Understand Grand Juries vs. Petit (Trial) Juries
The American justice system has two types of juries—petit (or trial) juries and grand juries. Both types consist of randomly selected individuals who listen to evidence.
Petit or trial juries decide issues of fact and issue a verdict of guilty or not guilty at the end of a criminal trial. Petit juries in criminal cases are generally made up of 12 people, who must come to a unanimous decision of guilty or not guilty. Prosecutors must prove every element of a crime beyond a reasonable doubt (a near-certainty standard).
Grand juries start a criminal case rather than end it. A grand jury decides whether the prosecutor’s charges have merit or not. The standard of proof is much lower for an indictment than a conviction. The prosecutor needs only present probable cause (basically some objective evidence) that the suspect committed a crime and should face trial. Members of a grand jury don’t need to come to a unanimous decision. Usually, state law provides a minimum number of votes (such as 12) for a grand jury to indict. Grand juries are one-sided affairs—grand jurors only hear the prosecution’s side of the story.
What Does Indicted Mean?
Indicted means the grand jury concluded enough evidence exists to believe it’s likely the suspect committed a crime, and the grand jury officially voted to indict (charge) the suspect. The results of a grand jury vote are sometimes referred to as returning a “true bill” (indictment) or “no bill” (no indictment).
Upon being indicted (if the defendant isn’t already in custody), the court might issue an arrest warrant or summons directing the defendant to appear in court for an arraignment.
An indictment doesn't mean the person is guilty. The indicted person is still presumed innocent, and the prosecutor must prove the charges in the indictment beyond a reasonable doubt to get a conviction.
Indictment vs. Presentment: What's the Difference?
Both a presentment and an indictment are grand jury determinations that probable cause exists that a suspect committed a crime. They differ in how they originate.
Indictments are typically prepared by a government prosecutor, and once a grand jury votes to indict, the criminal case starts.
Presentments, on the other hand, are prepared and returned by the grand jury on its own initiative. Presentments don’t represent formal charges, but some jurisdictions direct the prosecutor to draft an indictment upon a presentment or to conduct its own investigation into the charges. Some states require all grand jurors to agree upon and sign a presentment, while others require only a majority. (N.C. Gen. Stat. §§ 15A-641, 15A-644; Va. Code § 19.2-216 (2026).)
Can a Grand Jury Indictment Be Amended?
Yes, a grand jury indictment can be amended (changed). But any additional charges must go back to the grand jury for review and a vote. A prosecutor can’t simply add on charges. The amended indictment is called the superseding indictment.
When Is an Indictment Required to File Criminal Charges in a Case?
Federal law requires prosecutors to submit felony charges to a grand jury. A defendant, however, can waive their right to a grand jury and then the charging document signed by the federal prosecutor is called an information.
States vary on when and whether an indictment is required to start a criminal case. Some states follow the federal rule. Others allow prosecutors to choose between using a grand jury or filing a complaint. A prosecutor might choose a grand jury over filing a complaint, because grand jury proceedings are secret and one-sided. If the prosecutor files a criminal complaint, they must convince a judge in a public hearing that the charges are substantiated. This proceedings—called a preliminary hearing—also allows the defense the chance to see the prosecution’s evidence and question witnesses.
When to Talk to a Lawyer
If you find out you're the subject of a grand jury investigation, you might want to consult a criminal defense attorney. Witnesses who are subpoenaed (court ordered) to testify in front of a grand jury can also benefit from hiring an attorney.
