Being a defendant and facing an indictment can be a stressful experience, and it may feel overwhelming to keep track of all the steps involved. If you’re looking at potential criminal charges, it’s helpful to learn how the indictment process works and what it means for your case. By understanding this process, you can take more informed actions to protect yourself and your rights.
Definition of an Indictment
You might hear the word indictment if you’re dealing with serious criminal charges. An indictment is a formal charge or accusation that is handed down by a grand jury. Once an indictment is issued, your case is moved forward in the criminal justice system, and prosecutors can proceed with formal charges against you.
When an Indictment is Used
In California, indictments are generally used only in serious cases involving felony-level offenses. A grand jury is a group of citizens tasked with reviewing evidence in potential criminal cases to determine whether charges should move forward. Unlike a trial jury, the grand jury does not decide guilt or innocence beyond a reasonable doubt. Instead, their role is to decide if there’s enough evidence to create probable cause to charge someone with a crime. Grand jurors listen to the prosecutor, review evidence, and will likely hear from witnesses.
The prosecutor’s goal is to show there’s enough reason to believe a crime occurred and that the potential defendant is the one who committed the crime. The grand jury then deliberates and votes on whether to issue an indictment, which is a formal criminal charge. If most jurors agree there is probable cause, the indictment is issued.
Indictment vs Criminal Complaint
It’s important to understand the difference between an indictment and a criminal complaint, as both play important roles in the legal system but work in slightly different ways. An indictment comes from a grand jury. After reviewing evidence and hearing testimony, the grand jury decides if there’s enough reason to charge someone with a crime. If they agree, an indictment is issued, and it’s basically an official accusation.
However, the prosecution isn’t required to obtain an indictment to press charges. Prosecutors can file charges through a criminal complaint or information. This approach allows them to move forward with fewer procedural steps, making the process quicker in many instances. However, with serious offenses, prosecutors often seek an indictment to make sure they have a solid case. A criminal complaint is generally used in cases involving misdemeanor charges or less complicated cases.
While they achieve the same end goal – charging someone with a crime – the path to get there is what sets them apart. Both methods serve as critical tools in ensuring that cases move forward based on the evidence.
What to Do If You Are Indicted
Facing an indictment can be overwhelming, but there are steps you can take to protect your rights and build a more effective defense strategy. You should:
- Seek experienced legal counsel: Immediately reaching out to a qualified criminal defense attorney is one of the most crucial steps you can take. A lawyer can guide you through the legal process and help you understand the charges against you. They will begin building a defense that addresses the alleged facts and gives you a chance to beat the charges. As soon as you know you are facing charges, contact a lawyer.
- Avoid public statements: You may want to talk about the situation with friends, family, or on social media, but it’s safer to avoid making any statements. Prosecutors might use statements made in public or online against you. Work closely with your attorney to decide what you can safely say or share.
- Prepare for court appearances: Once an indictment is handed down, you will be required to attend court hearings such as arraignment, bail hearings, and pretrial motions. An attorney can help you understand everything you need to know about these proceedings, including how to address the judge and what to wear.
An indictment can be overwhelming, but you have ways to fight back. If you’ve been indicted or are being investigated for criminal charges, contact an Ahmed & Sukaram, Criminal Defense Attorneys attorney today at (408) 217-8818 to schedule a free consultation with a criminal defense lawyer.