Indictment

An indictment is the official process by which a person is charged with a crime. Technically speaking, an indictment is a written statement that formally charges a person with a crime, as drawn up by a prosecutor and found and presented by a grand jury. An indictment is typically made for the commission of felony crimes. The indictment process typically begins with an arrest or citation and ends when the final charges have been brought against the defendant and a trial commences.

The indictment process begins when a person is arrested or cited for a criminal act. The police will then send a report and supporting documents to government attorneys, also known as prosecutors. These prosecutors will review the arrest, the person's criminal history, and take in a number of factors in order to determine what indictment charges should be filed against them. By law, most states require that a person in custody be charged or released within 48 to 72 hours of detainment. These initial charges are subject to modification and may be changed in the weeks and months to follow.

The prosecution can make a decision about the charges that are to be filed. In felony cases, the prosecution will call on a grand jury to decide the charges through the indictment process. There are two types of juries that are involved in felony criminal proceedings. The grand jury is responsible for the indictment process alone- determining what charges will be officially filed against the defendant. The petit or trial jury is responsible for judging the guilt of the defendant with regards to the indictment charges.

Grand juries are comprised of between six and twelve private, randomly chosen citizens who conduct the indictment process privately. The grand jury will be presented with a "bill" by the prosecutor who will present the evidence necessary to secure an indictment. The grand jury may call the suspect as a witness during the indictment process though the defendant will typically plead Fifth Amendment rights to refrain from making statements. In the end, it is the prosecutor who has the ultimate control over the indictment process.

Prosecutors are elected public officials who are often interested in seeking higher posts in the government. For this reason they have a personal interest in the indictment process. The charges made through the indictment process may be influenced by political and societal forces affecting the public prosecutor. Influential political or social groups can affect the severity of charges brought against a defendant through the indictment process. This influence invariably clouds the justice process to some extent because it allows personal factors to weigh into what should be an objective indictment process.

Legal defense attorneys are aware of the bias in the indictment process, as well as how the indictment process can work to the favor of the defendant.

Please contact us to speak with a caring and competent legal professional who can protect and maximize your legal interests if you, or a loved one, are involved in an indictment case.