Understanding “Indicted”
If you've been following the news lately, you’ve probably seen headlines involving politicians, celebrities, or business leaders being “indicted.” But what does “indicted” actually mean, especially in the context of the United States legal system?
This post breaks down the legal meaning of indicted, how it differs from being charged or arrested, and what the indictment process looks like in the U.S. Whether you're a student, a concerned citizen, or someone just curious about legal terminology, this guide will provide the clarity you're looking for.
What Does "Indicted" Mean?
To be indicted means to be formally accused of a crime by a grand jury. It’s a legal step that usually follows an investigation and indicates that there is probable cause to believe the person committed the offense.
In simpler terms:
👉 An indictment is not a conviction. It doesn’t mean the person is guilty—it only means that there's enough evidence to proceed to trial.
Who Issues an Indictment?
In the U.S., indictments are typically issued by a grand jury—a group of citizens called to review evidence presented by a prosecutor in secret proceedings. Unlike a trial jury, a grand jury does not determine guilt or innocence. Instead, it decides whether there is enough evidence for the case to go to court.
Key Facts:
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A federal indictment is required for felony cases in federal court, under the Fifth Amendment.
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States may or may not use grand juries. Some allow prosecutors to file charges directly (called an "information" or "complaint").
Indicted vs Charged: What’s the Difference?
These terms are often used interchangeably in media, but they’re not exactly the same:
| Term | What It Means | How It Happens |
|---|---|---|
| Indicted | Formally accused by a grand jury | Grand jury votes after seeing the evidence |
| Charged | Prosecutor files formal criminal charges | Can happen via indictment or direct filing |
| Arrested | Taken into custody by law enforcement | Happens before or after charges are filed |
So, an indictment is one way of being charged, specifically through a grand jury.
The Indictment Process in the U.S.
Here’s a step-by-step breakdown of how someone typically gets indicted:
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Investigation
Law enforcement investigates a potential crime. -
Grand Jury Presentation
The prosecutor presents evidence to a grand jury in secret. -
Deliberation
The grand jury votes. In federal cases, 12 of the 16-23 jurors must agree to indict. -
Indictment Issued
If probable cause is found, a formal indictment (also called a "true bill") is issued. -
Arraignment and Trial
The defendant is formally charged in court and enters a plea. If not resolved through plea deals or dismissal, the case proceeds to trial.
Examples of High-Profile Indictments
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Donald Trump (2023): Indicted on multiple charges including mishandling classified documents and attempts to overturn the 2020 election.
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Sam Bankman-Fried: The former CEO of FTX was indicted for fraud and conspiracy in connection with a major cryptocurrency collapse.
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Rod Blagojevich: The former Illinois governor was indicted and convicted on corruption charges.
These cases highlight that indictments can happen to anyone—from political figures to business executives—and often mark the beginning of a long legal process.
Does an Indictment Mean You're Guilty?
No. An indictment only means that a grand jury believes there's enough evidence to go to trial. The accused is still presumed innocent until proven guilty in a court of law.
Can You Be Indicted Without Being Arrested?
Yes, you can be indicted without being arrested. In fact, many indictments are issued before an arrest occurs. Once indicted, a judge may issue an arrest warrant, or the defendant may be notified to appear in court voluntarily.
How to Check if Someone Has Been Indicted
In the U.S., indictment records are typically part of public court records. You can:
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Search federal cases on PACER (Public Access to Court Electronic Records)
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Check with the county clerk or district attorney’s office for state cases
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Use third-party databases (note: accuracy may vary)
Why Knowing the Meaning of "Indicted" Matters
Understanding the term “indicted” is essential, especially when navigating news headlines or trying to make sense of legal updates. It’s a critical part of the criminal justice process but doesn’t mean someone is guilty—it simply starts the formal legal journey.
Next time you hear about someone being indicted, you’ll know exactly what that means—and what it doesn’t.
FAQs
Q: Can someone be indicted and not go to trial?
Yes. Cases may be dismissed, or resolved through plea deals before trial.
Q: Do all criminal charges require an indictment?
No. Misdemeanors and some felonies can be charged directly by prosecutors without a grand jury.
Q: How long after an indictment does a trial start?
It varies by jurisdiction, but typically within 70 days in federal court, under the Speedy Trial Act.
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