Criminal procedure
Indictment
An indictment is the formal written accusation, voted by a grand jury, that charges someone with a federal crime and starts the prosecution.
The Constitution requires one for serious federal offenses unless the defendant waives it. A grand jury of citizens hears the government's evidence in secret and decides only whether there is probable cause to charge, not whether the person is guilty.
The document itself lists counts, each naming a statute and describing the conduct. Count structure matters: a fifteen-count indictment may carry a much longer sentencing exposure than a three-count one covering the same events.
Reading an indictment tells you the government's theory, not its evidence. The document is written to charge, so it states what the grand jury found probable cause to believe, and the proof behind it does not become public until trial or a plea.
How it appears on a docket
INDICTMENT (14 counts) as to Daniel R. Vance (1) charging violations of 18 U.S.C. Sec. 1343 and 1957. Arrest warrant issued.
Governing rule
U.S. Const. amend. V; Fed. R. Crim. P. 6, 7
Related terms
- Grand Jury — A grand jury is a panel of citizens that hears evidence in secret and decides whether there is probable cause to charge someone with a federal crime.
- Superseding Indictment — A superseding indictment is a new indictment that replaces an earlier one, usually to add charges, add defendants, or fix a problem in the original.
More on criminal procedure
See this term in a real case
Search federal court records and read the filings where indictment actually shows up. New to federal dockets? Start with how to find a federal case.