Legal Definitions - barebones indictment

A barebones indictment refers to a formal accusation of a crime (an indictment) that provides very minimal detail about the alleged offense. It typically states the charges in broad, general terms, often merely repeating the language of the statute that defines the crime, without including specific facts regarding the time, place, or manner in which the crime was supposedly committed.

Such an indictment may be challenged because it fails to adequately inform the defendant of the specific accusations against them, hindering their ability to prepare a defense. It may also fail to provide the court with sufficient information about the alleged wrongdoing to ensure a fair legal process.

• Example 1: Financial Fraud

  A grand jury issues an indictment against a corporate executive for "conspiracy to commit wire fraud" under a specific federal statute. However, the indictment simply recites the statutory language without detailing the specific fraudulent scheme, the dates it allegedly occurred, the co-conspirators involved, or the particular actions taken by the executive to further the conspiracy. The executive's legal team argues that this is a barebones indictment because it does not provide enough specific information for them to understand the precise allegations and prepare an adequate defense.

• Example 2: Drug Offense

  An individual is indicted for "possessing with intent to distribute a controlled substance." The indictment fails to specify the type of controlled substance, the quantity involved, the approximate date or location of the alleged possession, or any overt acts demonstrating an intent to distribute. The defense attorney files a motion to dismiss, arguing that the indictment is barebones and does not give their client sufficient notice of the charges to prepare for trial, as they cannot discern the specific incident being referenced.

• Example 3: Violent Crime

  A grand jury returns an indictment charging an individual with "aggravated assault." The document, however, does not identify the alleged victim, the date or approximate time of the incident, the specific location where it occurred, or the type of "aggravating" factor (e.g., use of a weapon, serious injury) that elevated the charge. The accused's lawyer contends that this is a barebones indictment because it lacks the fundamental factual details necessary for their client to comprehend the specific event they are being charged with and to gather evidence for their defense.