Being arrested can be a terrifying and confusing process, especially if you don’t know what to expect. Law enforcement officers are not going to answer all your questions, and often the only people on your side are your loved ones and your defense team.

You, like many others, might assume that the criminal prosecution process begins with your arrest, but this is not often the case. Most criminal cases begin with an indictment. An indictment means formal charges have been brought against someone, typically after a grand jury determines enough evidence to proceed with a criminal case. It’s a critical stage in the legal process, and knowing what this means—and what happens next—is vital to ensuring your rights are protected. Below, we’ll explain what it means to be indicted and how an experienced criminal defense attorney like Belén Olmedo Guerra can help protect your rights and your freedom.

If you or a loved one has been indicted, you need the Belén Law Firm in your corner. Schedule a free case evaluation today by calling (602) 715-0908.

What Does Indicted Mean?

Being indicted means you are formally accused of committing a crime. This does not mean you are guilty of a crime or you immediately go to jail. This is simply part of the process of criminal prosecution.

Unlike an arrest or a criminal charge, an indictment involves a review of evidence by a group of citizens, known as a grand jury, who are tasked with determining whether there is enough evidence, or “probable cause,” to move forward with prosecuting the accused. Indictments are typically used in more serious criminal offenses, allowing the accused to enter a plea, negotiate a deal, or face trial.

It’s important to understand that an indictment is not a conviction—it’s a legal step in which grand jury members decide that the case should proceed to trial. It’s also important to keep in mind that a grand jury is not a trial jury. The burden of proof remains with the prosecution at trial.

Indictment Definition

Indictment Definition

An indictment is a formal accusation that a person has committed a serious crime, typically brought forth by a grand jury after reviewing the evidence presented by the prosecution. The Fifth Amendment of the U.S. Constitution requires grand jury proceedings for capital offenses or cases involving a felony or an otherwise infamous crime. An otherwise infamous crime refers to serious offenses that may result in significant penalties, such as imprisonment or loss of civil rights, and includes crimes like treason and other severe felonies.

In other words, the Fifth Amendment ensures that individuals cannot be charged with such serious crimes without the grand jury first determining that there is enough evidence or probable cause to justify formal criminal charges. Remember – an indictment does not automatically make the defendant guilty; it only means that the grand jury believes there is sufficient evidence to proceed with prosecution. The person accused will still have the opportunity to defend themselves at trial, where guilt must be proven beyond a reasonable doubt.

Indicted vs. Arrested

An indictment is a formal charge issued after grand juries review a case. During this process, the prosecutor will present evidence to the grand jury, which decides if there is enough probable cause to formally accuse someone of a crime. If the grand jury agrees, the individual is indicted, meaning they will face criminal charges.

An arrest, however, occurs when law enforcement takes someone into custody, often based on an arrest warrant or immediate probable cause. Unlike an indictment, an arrest can happen quickly, without the involvement of grand juries, and is focused on securing the individual suspected of committing a criminal offense.

Indictments can happen before or after an arrest. If members of law enforcement witness you committing a crime, they can arrest you and begin an investigation. If you are only suspected of committing a crime but there is no concrete evidence, the prosecution may present evidence to a grand jury and seek an indictment and arrest warrant.

Indicted vs. Charged

Being indicted and being charged may seem like very similar situations, and that’s because they are. The key difference between an indictment and a charge is the party who filed the charges. When a prosecutor files criminal charges against the defendant, this is referred to as “being charged” with a crime. If a grand jury filed charges, this is known as an indictment. To the defendant, there is no real difference. The next step in the criminal prosecution process is often an arrest.

Being charged does not always require a grand jury hearing. A prosecutor can directly file criminal charges based on the evidence gathered during an investigation.

Indicted vs. Convicted

The difference between being indicted and being convicted lies in how far along the legal process has progressed. An indictment is the beginning stage of a case – it means the person will face trial, but it does not determine guilt.

A conviction, on the other hand, occurs at the end of a trial when a jury or judge decides the accused person is, in fact, guilty of the criminal charges with which they were accused. This happens after the prosecution presents enough compelling evidence to prove guilt beyond a reasonable doubt, leading to a guilty verdict.

What’s The Difference Between a Criminal Complaint and an Indictment

What’s The Difference Between a Criminal Complaint and an Indictment?

A criminal complaint is used in the early stages of a case, often for misdemeanor crimes or when law enforcement needs to act quickly. In a criminal complaint, a prosecutor decides to file charges based on probable cause, supported by an affidavit from law enforcement. This process allows authorities to file charges before a grand jury convenes, and it’s often used to address a crime or detain a suspect quickly.

An indictment, however, is more formal and reserved for serious crimes or felony charges. In this case, the federal government or state prosecutors must present evidence to a grand jury, which then decides whether there’s enough physical evidence to formally charge the potential defendant.

Unlike a criminal complaint, which relies on a prosecutor’s decision, an indictment involves a group of local citizens who determine if there’s sufficient evidence to proceed with the case.

Does Indictment Mean Guilty?

No, an indictment does not mean a person is guilty. When a grand jury indicts someone, it simply means that they believe there are reasonable grounds to accuse the individual of the offense based on the evidence presented. The purpose of the indictment process is to formally charge the individual and move the case forward to trial, where guilt or innocence will be determined there.

Does Indictment Mean Jail Time?

An indictment does not automatically result in jail time. It is simply a formal charge in a criminal case, issued by grand juries after they review evidence to determine whether there is enough to move forward with prosecution. An indictment means the defendant will face a criminal trial, but it does not determine the case’s outcome.

A grand jury may issue a bond along with an indictment, which means that there will be an order for your arrest, and the bond will be set at the initial appearance. If a bond is set, you and your loved ones have the opportunity to bond you out during the life of the case, but prior to the case settling. Until then, the accused person is considered innocent and may remain free, depending on the circumstances and bail conditions.

What Happens After a Grand Jury Indictment

What Happens After a Grand Jury Indictment?

A grand jury is made up of 9 to 16 citizens in Arizona. Grand jury members decide if enough evidence exists to pursue a trial. If 9 of the grand jury members find probable cause, they return a True Bill to the prosecutors of the case. This is the indictment. If the grand jurors do not find probable cause, they will return a No Bill. This will result in a dismissal of the charge.

After a True Bill grand jury indictment, a warrant will be issued for your arrest unless you are already in police custody. The arraignment will be the first time you appear in court, and you will be able to hear the charges against you. The arraignment is also where you can enter your pleading (guilty or not guilty) as well as establish any plea bargain available. If the defendant pleads not guilty to the offense charged, the case moves to the pre-trial phase, where the prosecutors and defense attorneys prepare for trial.

Will I Have To Go Before a Federal Grand Jury?

If you’re under investigation for capital or federal felony crimes, you will never have to go before federal grand juries. The prosecution team, jurors, and any relevant witnesses are the only ones in the courtroom during grand jury business.

What is a Federal Indictment?

Just like in state courts, a federal indictment is a definite written statement accusing someone of committing a crime. Of course, in this case, the crime is one that occurred at the federal level.

In cases of both state and federal crimes, a grand jury will issue the indictment after reviewing evidence and determining there is enough probable cause to proceed with the case. Federal felony indictments involve serious criminal offenses that violate federal law or cross over state lines, such as kidnapping or drug trafficking, and signals the beginning of formal legal proceedings.

Once the indictment is issued, the case moves forward to the United States District Court, where the defendant will face the charges and begin the legal process. The indictment marks a crucial step in federal criminal cases, setting the stage for the prosecution and defense to prepare for trial.

Federal Indictment

If You Get a Federal Indictment Can You Bond Out?

Yes, it is possible to bond out of jail after receiving a federal indictment and before trial occurs, but it depends on the specific circumstances of the case. After the indictment, a judge will determine whether bail is appropriate based on essential facts like the severity of the federal crime, the defendant’s criminal history, flight risk, and potential danger to the community.

In some cases, the judge may set a bond amount, allowing the defendant to be released while awaiting trial, while in other cases, bail may be denied.

Do I Need a Criminal Defense Lawyer if I’ve Been Indicted?

The criminal justice system is often convoluted and confusing to those who are unfamiliar with it. And since an indictment signifies that serious charges have been formally filed against you, facing the criminal justice system without proper legal counsel can put you at a significant disadvantage. A skilled criminal defense lawyer can assess the evidence, craft a defense tailored to your situation, and protect your legal rights.

At Belén Law Firm, our Phoenix criminal defense attorneys have extensive experience defending clients against even the most serious criminal charges at both the state and federal levels. Rest assured, our team of dedicated criminal defense lawyers is committed to providing the strong legal support you need, whether it’s through negotiations or defending you in court.

We know that arrests and indictments don’t wait until regular business hours–which is why Belén doesn’t make you wait either. As a 24-hour criminal defense attorney, Belén understands that the sooner we begin working on your case, the better defense strategy we can craft. If you or a loved one has been indicted in Phoenix or the surrounding areas, contact the Belén Law Firm as soon as possible. We can provide the legal help you need to get a positive resolution in your case.

Phoenix Criminal Defense Lawyers

How the Phoenix Criminal Defense Lawyers at Belén Law Firm Can Help

Don’t leave your future in the hands of an overworked public defender issued by the state. These attorneys have an extensive caseload and are often only trying to get a plea bargain for you. They don’t have the time or energy to fight for the best resolution for your case.

That’s why when facing serious criminal charges in Phoenix, having a skilled legal team on your side can make all the difference. At the Belén Law Firm, our criminal defense attorneys are dedicated to protecting your rights and fighting for your future. We are ready to fight aggressively for your freedom and answer all your questions about this alarming situation.

Whether you need help with a felony, misdemeanor, or other criminal charges, we are ready to provide the strong defense you deserve. Contact the Belén Law Firm by calling (602) 715-0908 or reach out online today to schedule a free consultation with an experienced criminal defense lawyer on our team.