Legal Definitions - indictment

An indictment is a formal written accusation issued by a grand jury, which states that there is enough evidence to believe a person has committed a serious crime and should stand trial. It is a crucial step in the criminal justice process, signaling that the government has sufficient grounds to formally pursue criminal charges against an individual.

Here are some examples to illustrate how an indictment works:

• Example 1: Financial Fraud

  Imagine a situation where a company executive is suspected of orchestrating a complex scheme to defraud investors of millions of dollars. After a thorough investigation by law enforcement, prosecutors present their findings, including financial records, emails, and witness testimonies, to a grand jury. If the grand jury reviews this evidence and determines there is probable cause—meaning a reasonable belief—that the executive committed the alleged financial crimes, they will issue an indictment. This formal document then allows the state to proceed with a criminal trial against the executive for fraud.

• Example 2: Violent Crime

  Consider a case where a person is arrested following a violent incident, such as a serious assault. The police gather evidence like forensic reports, security camera footage, and statements from witnesses. The district attorney's office then presents this collected evidence to a grand jury. If the grand jury concludes that there is sufficient reason to believe the arrested individual committed the assault, they will issue an indictment. This formal charge officially accuses the individual of the crime, enabling the legal system to move forward with a trial where the accused can present their defense.

• Example 3: Organized Crime

  Suppose law enforcement agencies spend months investigating a suspected organized crime syndicate involved in illegal gambling and racketeering. They collect extensive evidence, including wiretap recordings, surveillance photos, and informant testimony. Once the investigation is complete, prosecutors present this comprehensive body of evidence to a grand jury. If the grand jury finds that the evidence strongly suggests the individuals involved were engaged in these criminal activities, they will issue an indictment against them. This formal accusation allows the government to bring the accused members of the syndicate to court to face charges related to their alleged involvement in organized crime.