What Does Indictment Mean?

By: William C. Head, 40+ years of experience in criminal defense and named one of the Best Lawyers in America in 2023.

What does indictment mean? You’re not alone if you’ve heard this legal term but aren’t sure how it applies to you. An indictment is a formal charge issued by a grand jury, signifying that enough evidence exists to bring a case to trial. However, being indicted does not mean you are guilty, it simply means the legal process is moving forward. In this guide, we’ll explain what an indictment means, how the grand jury system works, and what may happen after an indictment.

Many Americans may have heard the term ‘indictment’ or ‘the grand jury has indicted’ from TV shows like American Greed and Law and Order.

What Does the Word Indictment Mean?

The legal term indictment (sometimes mistakenly written as enditement) refers to a formal criminal charge issued by a grand jury. Unlike an arrest based on police suspicion, an indictment requires a legal review of evidence before charges are officially filed.

Now that we’ve covered what an indictment is and how it works, you might wonder where the term comes from and why it’s spelled the way it is.

What Is the Origin of the Word “Indictment?”

The word indictment traces back to the 12th-century French “enditer,” meaning ‘to declare or compose formally.’ In early English legal texts, the term was sometimes spelled as endite and even endited before evolving into the modern spelling. This historical evolution explains why many people today mistakenly write enditement or endite when referring to a formal criminal charge.

While the word’s history is interesting, facing an indictment in real life is far more serious. An indictment marks the beginning of formal criminal proceedings, often leading to lengthy court battles, high legal costs, and even potential imprisonment.

Many people ask, what does indictment mean in a legal context? Simply put, an indictment is a formal charge issued by a grand jury, marking the start of criminal proceedings. But how does this process work, and what should you expect?

The Indictment Process: What Does It Mean To Be Indicted?

For an indictment to go before a grand jury, the suspected crimes must violate either federal or state felony laws.

Before a case goes to trial (an indictment is not a conviction), the prosecutor must present evidence to a grand jury- a group of citizens selected from voter registration lists and Georgia DDS-provided driver’s license information. At least 12 of the 16-23 grand jurors must agree to issue an indictment, also known as a ‘true bill.’

Jurors will meet to decide if “probable cause” exists to believe the Government’s claim. This means they determine if sufficient, credible evidence exists that a crime was committed. In the legal burden of proof hierarchy, probable cause is a lower standard (below 50%) than ‘beyond a reasonable doubt,” meaning the accused still has a chance to win at trial.

This, in a nutshell, is the definition of the legal document known as an indictment.

Next, the District Attorney will make a formal accusation. The court will then add the case to the criminal trial calendar at either a Superior or State Court.

The last phase of the process is the guilt-innocence phase, during which the formal trial begins.

How Grand Juries Are Chosen in Georgia

Not all states use the Grand Jury system for their prosecutions. However, the 5th Amendment of the US Constitution requires federal court indictments for serious felonies. Each state can create its own rules for grand jury sessions. Georgia’s grand jury selection qualifications are found in OCGA 15-12-60. Here are six interesting facts about Grand Juries in Georgia:

1. There are no guidelines for ensuring racial or gender diversity. Historically, authorities chose grand juries from the “upstanding citizens of the county.” Until the early 1900s, men made up the entire grand jury panels.
2. These prospective jurors must be 18 years old and have been a resident in the county in which the alleged felony occurred for at least 6 months.
3. The typical Grand Jury serves for 6 months or up to one year, usually one term of court, but can serve longer.
4. During the selection process, they also do not ask about their relationships with court staff or police and are not disqualified if they know the accused individual or the crime scene.
5. Unlike other types of trials, not all jurors must agree.
6. You cannot serve on a Grand Jury if you have held public office in Georgia (State or local) within the last two years.
7. In Georgia and some other states, if a Grand Jury indicts a police officer, they can testify. However, other citizens do not enjoy this right when authorities indict police officers.
8. A court judge and criminal defense attorneys cannot attend the Grand Jury.

Once the grand jury reviews the evidence, they must decide whether to issue an indictment. Their decision results in either a true bill—allowing the case to proceed—or a no bill, dismissing the charges.

True Bills of Indictment and No Bills of Indictment

Once the grand jury reviews the evidence, they issue one of two decisions: a true bill, which leads to formal charges and court proceedings, or a no bill, which dismisses the case unless new evidence emerges.

A grand jury issues a true bill of indictment when at least twelve jurors vote to indict the accused, allowing the case to proceed to arraignment, where the defendant may plead guilty, negotiate a plea deal, or go to trial. If fewer than twelve jurors vote to indict, the grand jury issues a no bill, dismissing the charges unless the prosecution presents new evidence to a future grand jury.

Legal History of Grand Juries

To fully appreciate the role grand juries play today, it’s important to examine how they originated and evolved into a key element of the American legal system

The concept of the grand jury dates back to the Magna Carta in 1215 when English citizens sought to limit the absolute power of the monarchy. Before a person could face criminal persecution, a group of county citizens had to agree that sufficient evidence existed.

The term “grand jury” comes from the Old French word “grand,” meaning large, because it traditionally had more jurors than a petit (trial) jury. Over time, this larger jury structure reinforced the principle that serious charges should require broader agreement before prosecution.

This legal safeguard prevented unjust trials and wrongful imprisonment under royal rule.

While grand juries originated in England, they became a cornerstone of American justice through their incorporation into the U.S. Constitution, where they serve as a critical check on government prosecution.

The Evolution of Grand Juries: From English Law to U.S. Constitutional Protections

This tradition significantly influenced the American justice system, as it was enshrined within our Constitution under the Fifth Amendment as one of the ‘due process rights’ to protect citizens from government overreach and politically motivated persecutions. Thus, the Fifth Amendment states:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia when in actual service in time of War or public danger.” The importance of this legal protection is clear.”

At first, the United States Constitution did not apply to state-level crimes. The Constitution governed federal criminal law, not state criminal proceedings. When the states wrote their constitutions, most East Coast states copied each other, adopting grand jury rights.

The grand jury process is not a trial in both English common law and the American legal system. Grand jurors do not determine guilt or innocence; they only decide whether enough evidence exists to charge someone with a felony formally.

Then, in 1868, Congress passed the 14th Amendment, incorporating parts (but not all) of the Bill of Rights into state laws.

The establishment of grand juries as a fundamental part of the American legal system underscores their role in safeguarding due process. While their historical roots explain their existence, understanding why they remain a legal requirement for serious felonies today highlights their continued importance in ensuring fair prosecution and preventing wrongful charges.

Why Grand Juries Are Used in Serious Felony Cases Today

Beyond their constitutional foundation, grand juries play an essential role in today’s criminal justice system, particularly in cases involving serious felony charges where the consequences are most severe.

Grand juries are required for serious felonies because these crimes carry the harshest penalties, including lengthy prison sentences or capital punishment. The grand jury process acts as a safeguard, ensuring no one is wrongfully charged with a felony without sufficient legal review.

The District Attorney presents evidence to the Grand Jury in a private hearing. If at least 12 of the 16-23 jurors determine probable cause, they issue a ‘true bill’ of indictment, formally charging the accused.

In some cases, a ‘sealed indictment’ is issued to protect witnesses, ensure public safety, or present the accused from fleeing persecution.

While grand jury indictments are a requirement across the U.S. for serious federal crimes, each state has its specific legal process—particularly in Georgia, where felony indictments follow strict procedural rules.

In Georgia, Which Crimes Require a Grand Jury Indictment?

While grand juries are mandatory for capital crimes (punishable by the death penalty), they are also frequently used for other major felonies where the prosecution seeks a formal indictment. These include:

• Murder
• Rape and Sexual Assault
• Armed Robbery
• Drug Trafficking
• Aggravated Assault with a Deadly Weapon

Does an Indictment Mean Jail Time?

No, an indictment only means formal charges have been filed. The accused still has the right to defend themselves in court.

Our Criminal Defense Attorneys Know How to Challenge Grand Jury Procedure

In Georgia, when a serious crime occurs, such as felony DUI vehicular homicide, police typically make an arrest. This also applies to other serious charges like rape, aggravated assault, and drug possession. This arrest relies on a warrant that a judge approved. Then the accused citizen is placed in custody.

The criminal lawyer representing him or her can do one of four things:

1. Requesting Bond: Seek to have a bond set by a Superior Court Judge, allowing the person to stay out of jail, pending trial.
2. Request a Preliminary Hearing: Keep the person in custody and ask for a “preliminary hearing.” This will help challenge the State’s evidence. You will also learn more about the charges. You can gather information through witness testimony, and a court reporter will record it.
3. Waiving the Probable Cause Hearing: The Defendant’s lawyer can have their client skip the probable cause hearing. They can also avoid a sealed indictment by a Grand Jury. The case can then be added to the next jury trial calendar. At that time, the defense lawyer can file a request for a speedy trial under Georgia law.
4. A skilled criminal defense attorney evaluates whether a plea bargain is the best option, balancing the risks of trial against potential sentencing reductions. In many cases, negotiating a plea can protect a client’s criminal record and minimize penalties, making it a crucial part of the defense strategy.

Such important decisions are best made by the criminal defense attorney. They are in charge of guiding the case to get the best outcome.

If Facing an Indictment, Contact Our Experienced Criminal Defense Law Firm Today

If you or a loved one faces an indictment, seek experienced legal representation immediately. Our criminal attorneys Atlanta GA specialize in fighting serious felony charges and protecting your rights.

This first meeting gives you FREE legal advice from our three partners. Each partner has excellent lawyer ratings and industry awards. Call Bubba Head, Larry Kohn, and Cory Yager now. What do you have to lose when the meeting is FREE? Call us today at 404-567-5515.

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