Also known as:indict · indicts · indicted · indicting · indictee · indictio · indictor · charge · accusation
Written by attorneys · grounded in primary & secondary sources — see below
A formal written accusation of a crime made by a grand jury and presented to a court for prosecution against the accused person.
Sources & Authorities
How it applies
Common Examples
6
Conspiracy Charge Despite Impossibility
Ilana Isaacs and Imran Iyer agreed to sell counterfeit bonds that turned out to be genuine government securities. Prosecutors obtained an indictment charging them with conspiracy to commit fraud. The court rejected any defense based on the factual impossibility of completing the intended crime.
Grand Jury Requirement for Felony
Ivy Ibarra faced potential federal charges carrying a sentence of more than one year. The government secured an indictment from the grand jury before proceeding to trial. No information filed by the prosecutor alone could have initiated the prosecution.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Ismael Ibrahim was indicted for assault. At trial the defense offered testimony that the alleged victim had a reputation for violence. The court permitted the prosecution to rebut with specific instances of the victim's peaceful conduct.
Fee Agreement Before Indictment
Irene Ingalls retained counsel after learning she was under investigation. The lawyer and client signed a flat-fee agreement for representation through any resulting indictment and trial. The arrangement complied with reasonableness standards for the anticipated work.
Motion to Dismiss Indictment
Igor Ito moved to dismiss the indictment on the ground that one grand juror lacked legal qualifications. The record showed that twelve qualified jurors had concurred in the true bill. The court denied the motion.
Stipulation to Avoid Prejudice
Integrity Partners was indicted on a felon-in-possession count. The defendant offered to stipulate to the prior conviction element. The government declined and sought to introduce the full judgment of conviction at trial.
Common questions
Frequently Asked
3
What role does a grand jury play in issuing an indictment?+
A grand jury reviews the prosecutor's evidence in secret and determines whether probable cause exists to believe the defendant committed the charged offense. If the grand jury finds sufficient evidence it returns a true bill and the indictment issues. The Fifth Amendment requires indictment by grand jury for federal capital or infamous crimes.
Can a defendant challenge an indictment based on grand juror qualifications?+
A party may move to dismiss the indictment on the ground that a grand juror was not legally qualified. The motion is denied if the record shows that at least twelve qualified jurors concurred in the indictment.
Does the Fifth Amendment require states to use grand jury indictments?+
The Fifth Amendment grand jury requirement applies only to federal prosecutions. It has not been incorporated against the states through the Fourteenth Amendment. States may therefore use informations or other charging instruments for felonies.
410 U.S. 113 (1973)Constitutional Law
…that he: "[I]n the past has been arrested for violating the Texas Abortion Laws and at the present time stands charged by indictment with violating said laws in the Criminal District Court of Dallas County, Texas to-wit: (1) The State of Texas vs. James H. Hallford, No. C-69-5307-IH, and (2) The State of Texas vs. James…