An indictment is a formal criminal charge. A grand jury decides to indict someone with a crime. The decision is based on probable cause. Probable cause means that there is a basis for a reasonable belief that the indicted individual committed the crime. It does not mean that they will necessarily be found guilty by a jury at trial.
Being indicted can feel scary. Many people are confused about the difference between an indictment and a criminal charge, and what an indictment means for their case. If you have been indicted and have yet to talk with a lawyer, a criminal defense attorney can help you understand what the indictment means for your case.
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When Does an Indictment Happen?
In Ohio, an indictment can happen either before an arrest or after an arrest. An indictment is required in felony cases, but is not required for misdemeanors.
A prosecutor may seek an indictment from the grand jury before an arrest has been made in very serious felony cases. In these types of cases, there is usually an ongoing investigation that has given rise to probable cause to support criminal charges. A common example would be a serious drug investigation or a homicide. After the grand jury issues an indictment, the police will arrest the accused.
Sometimes the indictment happens after a person has already been arrested. This usually happens if the police arrest someone after a 911 call. The defendant may be arrested, charged with a crime, and then have a preliminary hearing. If the court finds probable cause during the preliminary hearing, the case will be sent to the grand jury for an indictment. Once the indictment is issued, the court will set the case for trial.
The indictment process may seem like a formality for people who are already held in custody, but it is an important part of due process.
What Is the Process To Get an Indictment?
To get an indictment, the prosecutor must go to the grand jury. The grand jury is a secret meeting of 9 jurors. Grand jury jurors usually serve on the grand jury for four months at a time, and it meets for one week per month. Grand jurors are randomly selected, similar to trial jurors.
The process begins with an investigation. The police and prosecutors collect evidence before taking a case to the grand jury. Once they believe that they have enough to warrant an indictment, they will request an indictment from the grand jury during a hearing.
The hearing is secret and closed to the public. Neither the defendant nor their attorney can be present at the hearing. The prosecutor will present evidence during the hearing. Evidence may include:
- Witness testimony
- Records
- Statements
- Photographs
- Video footage
- Physical evidence
Some evidence may be admitted during the grand jury even if it is inadmissible at trial because the rules of evidence are different.
The prosecutor will request an indictment for specific criminal charges, but the grand jury makes the final decision. The grand jury can decide to dismiss the case, indict as charged, or amend the charges. They may decide to amend the charges if there is probable cause to support a lesser charge, but not the felony as requested.
What Is the Difference Between Being Indicted and Being Convicted?
There is a huge difference between being indicted and being convicted. Being indicted means that the grand jury found probable cause to support the charges. The standard for probable cause is far less than the burden of proof to convict someone. While probable cause is more than a hunch, it is only a reasonable belief based on some evidence that a person committed the crime.
Probable cause is also the standard that police use to arrest someone when responding to a potential crime. An example of probable cause for a DUI may be the police pulling someone over for swerving and then smelling alcohol on their breath. This probably isn’t enough evidence to convict someone, but it is enough for an arrest.
On the other hand, to convict someone at trial, the jury must find proof beyond a reasonable doubt. This means that there is enough evidence that there is no other reasonable alternative explanation for the evidence. Some of the evidence that was presented to the grand jury may not be admissible at the trial phase.
Furthermore, the jury must reach a unanimous verdict. Unanimous means that every single juror agrees that there is proof beyond a reasonable doubt.
Contact a Criminal Defense Attorney for Help
This is a heavy burden of proof to convict someone. As a result, many people who are indicted are not ultimately convicted of the crime. If you were indicted, you shouldn’t lose hope. There is still an opportunity for you to defend yourself. However, you should immediately contact a defense attorney to begin working on your case.
Contact us today at (937) 531-0435 to schedule a no-obligation no-cost consultation at Suhre & Associates DUI and Criminal Defense Lawyers we are here to help you.
