An indictment is a formal written accusation, returned by a grand jury, saying there is enough evidence to charge someone with a crime and send the case toward trial. It is not a finding of guilt. In federal court, an indictment is how prosecutors must bring most felony charges. After an indictment, the defendant is arrested or summoned, appears before a judge, is arraigned, and then fights or resolves the case.
What is an indictment?
Think of an indictment as the government's opening paper in a serious criminal case. A prosecutor presents evidence to a grand jury, a group of citizens who meet privately to decide whether there is enough evidence to charge. If enough of them agree, the grand jury "returns" an indictment, which means it hands the signed charging document to a judge in open court.
The Fifth Amendment is the source of the right. Its text says no person shall be held to answer for "a capital, or otherwise infamous crime" unless on "a presentment or indictment of a Grand Jury." You can read the full text in the National Archives transcript of the Bill of Rights. The point of the rule is to put a group of ordinary people between the government and a person it wants to charge.
You may also hear the older phrase "true bill." The federal court in South Carolina, in its handbook for grand jurors, describes the indictment, or "true bill," as "the formal criminal charge returned by the grand jury." When the grand jury declines to charge, the same handbook says it votes a "no bill," or "not a true bill." The Justice Department's own manual repeats the old saying that a grand jury has but two functions: "to indict or, in the alternative, to return a 'no-bill'" (see the Justice Manual chapter on grand juries). The same chapter says a prosecutor should get the approval of the responsible United States Attorney before presenting the same matter to another grand jury, so a no bill does not always end things for good.
Does an indictment mean you are guilty?
No. An indictment is an accusation. It tells you what the government claims and what law it says you broke. It does not prove any of it. The grand jury only decides whether to bring a charge. The trial is where the government has to prove that charge. As the federal courts put it on their criminal cases page, "the burden of proof is on the government" and defendants "do not have to prove their innocence." Guilt comes only from a guilty plea or a verdict.
That said, an indictment has real effects the day it becomes public. News outlets report it. An employer may suspend you. A licensing board may ask questions. A judge will set conditions for your release. None of those consequences require a conviction, which is one reason to take an indictment seriously from the first hour.
Does every felony require an indictment?
Not in every court. This is the point people most often get wrong. The grand jury requirement in the Fifth Amendment applies to federal prosecutions. The Supreme Court held in Hurtado v. California (1884) that the grand jury clause does not bind the states, and the Court has not changed that rule since. A 2020 Supreme Court opinion, Ramos v. Louisiana, still describes Hurtado that way. So whether a state felony needs an indictment depends on that state's own constitution and laws, and state practice varies. Many states charge felonies by a prosecutor's filing called an information, usually after a preliminary hearing where a judge decides whether there is probable cause.
In federal court the rule is written into the Federal Rules of Criminal Procedure. Under Rule 7, an offense other than criminal contempt "must be prosecuted by an indictment" if it is punishable by death or by imprisonment for more than one year. The federal courts' own glossary describes the indictment as mainly used for felony charges. If your case is in federal court, expect an indictment. If it is in state court, check how your state brings felony charges. Our guide to federal versus state criminal charges explains how to tell which system you are in.
Indictment vs. information vs. criminal complaint: what is the difference?
Three documents can start a criminal case, and people mix them up. The table below describes the federal version of each. State procedures differ in names and details.
Document
Who issues it
Typical use
What comes next
Criminal complaint
A sworn written statement, made under oath before a magistrate judge
Starts a case quickly, often at arrest
Initial appearance, then an indictment or information must follow within the Speedy Trial Act window
Indictment
A grand jury, signed by a government attorney
Federal felonies and other offenses the rule says require one
Arrest or summons, then arraignment
Information
A government attorney alone, with no grand jury
Misdemeanors, and federal felonies only when the defendant waives indictment, or as state law allows
Arraignment
The complaint is the fast, temporary paper. The Speedy Trial Act sets the deadline for replacing it, which is covered below. The indictment and the information are the formal charging documents that a case is actually tried on.
What does an indictment contain?
Under Rule 7(c)(1), the indictment "must be a plain, concise, and definite written statement of the essential facts constituting the offense charged." It must be signed by an attorney for the government. For each count, which is each separate charge, it must give the official or customary citation of the law the defendant allegedly violated.
In practice that means you will see a caption with the court and the case number, your name, a date range and location for the alleged conduct, and the legal language of each charge. A single indictment can list many counts and many defendants. Read every count separately. Each one is its own accusation with its own elements, and a lawyer will work through them one at a time.
Rule 7 also gives you tools if the document is vague. The court may direct the government to file a bill of particulars, a more detailed statement of the charge. And an error in a citation is not grounds to throw out the charge unless the defendant was misled and prejudiced by it. A typo in a statute number rarely helps you. A count that fails to describe any crime might.
How does the grand jury decide?
We cover the mechanics in our guide to the grand jury, so here is the short version. Under Rule 6, a federal grand jury has 16 to 23 members, and it "may indict only if at least 12 jurors concur." The session is closed to the public. Rule 6(d)(1) lists who may be present while the grand jury is in session: "attorneys for the government, the witness being questioned, interpreters when needed, and a court reporter or an operator of a recording device." The target of the investigation and that person's lawyer are not on that list. During deliberations and voting, only the jurors (and any interpreter a hearing-impaired or speech-impaired juror needs) may be present.
What is a sealed indictment?
Sometimes the government does not want you to know you have been charged yet. Maybe it fears you would flee. Under Rule 6(e)(4), the magistrate judge who receives the indictment may direct that it be kept secret until the defendant is in custody or has been released pending trial. The clerk seals it, and no one may disclose its existence except as needed to issue or carry out an arrest warrant or summons.
This is why a person can be indicted without knowing it. The first sign is often an arrest, or agents at the door. The rule allows secrecy only until you are in custody or released pending trial, and at arraignment the court must make sure you have a copy of the charge.
Can you waive indictment?
Sometimes. Under Rule 7(b), an offense punishable by imprisonment for more than one year may be prosecuted by information if the defendant, in open court and after being advised of the charge and of their rights, waives prosecution by indictment. The judge has to make sure you understand what you are giving up.
Why would anyone do that? Usually because a deal is already close. A defendant who plans to plead guilty may waive indictment to speed things up, and prosecutors skip the step of going back to a grand jury. If you are still deciding how to fight the case, you generally have no reason to give up the grand jury step, and you should not sign a waiver without talking to your own lawyer first. Our guide to the right to a public defender explains how to get one if you cannot pay.
What happens after you are indicted?
Arrest or summons
Under Rule 9, the court must issue a warrant, or at the government's request a summons, for each defendant named in an indictment. A warrant means arrest. A summons is an order to appear on a set date. Sometimes a lawyer can arrange a voluntary surrender, which is easier than a surprise arrest, but that is a conversation for a lawyer, not for you to have directly with agents.
Initial appearance and release
Under Rule 5(a)(1)(A), a person arrested in the United States must be taken "without unnecessary delay" before a magistrate judge (or, in some situations Rule 5(c) describes, a state or local judicial officer), unless a statute provides otherwise. In a felony case the judge tells the defendant about the charge, the right to a lawyer (including asking to have one appointed if you cannot get one), the circumstances for pretrial release, and the right not to make a statement. See our guide to bail conditions and pretrial release for what judges look at when setting conditions.
Arraignment
Rule 10 requires the arraignment to happen in open court. The judge must make sure you have a copy of the indictment, read it to you or state its substance, and ask you to plead. Our guide to the arraignment walks through the usual pleas. Most defense lawyers want to see the evidence before anyone enters a plea of guilty, so a not guilty plea at this stage is common and keeps your options open.
Discovery and motions
After arraignment the case moves into discovery, where the government must hand over certain evidence. Under Rule 16, on the defendant's request, the government must disclose the substance of a relevant oral statement the defendant made in response to questioning by someone the defendant knew was a government agent, if the government intends to use that statement at trial. On request, it must also let the defendant inspect and copy certain documents and objects it holds.
This is also when defects in the indictment get attacked. Rule 12(b)(3) lists defenses and objections that must be raised by pretrial motion if the basis for the motion is then reasonably available and the motion can be decided without a trial on the merits. For defects in the indictment it names duplicity (joining two offenses in one count), multiplicity (charging the same offense in more than one count), lack of specificity, improper joinder, and failure to state an offense. Because the rule requires a pretrial motion for these, the time to raise them is early. Our guide to motions to dismiss in a criminal case covers how these work.
Superseding indictments
Rule 7(e) lets a court allow an information to be amended before the verdict, within limits. It does not say the same about an indictment. When prosecutors want to add charges or fix a mistake, they typically go back to the grand jury and obtain a new document, often called a superseding indictment. The Justice Manual notes that a grand jury may keep investigating after an indictment when the work relates to a superseding indictment adding defendants or crimes. If one arrives, your lawyer will compare it line by line with the first, because new counts can change the whole case, and will tell you whether you need to enter a plea to the new charges.
How long can prosecutors take to indict you?
Two federal clocks matter here, and they are different.
The first is the Speedy Trial Act. Under 18 U.S.C. 3161(b), when someone is arrested or served with a summons on a federal charge, "any information or indictment charging an individual with the commission of an offense shall be filed within thirty days" of that arrest or service. If the charge is a felony and no grand jury has been in session in that district during those thirty days, the statute adds another thirty days for filing the indictment. The statute also lists periods of delay that are excluded from the count. After the charging document is filed, in any case where the defendant pleads not guilty, section 3161(c)(1) says trial must begin within seventy days of the filing (and making public) of the information or indictment or of the defendant's appearance before a judicial officer, whichever is later, again subject to excluded time.
The second clock is the statute of limitations. Under 18 U.S.C. 3282(a), "except as otherwise expressly provided by law," no one may be prosecuted for a non-capital federal offense "unless the indictment is found or the information is instituted within five years" after the offense was committed. Many specific crimes have their own periods, so five years is the general rule and not a universal one. The indictment itself is what satisfies the statute. If the grand jury returns it inside the window, the case can go forward even if the trial is years later.
A dismissal does not always end things. Under 18 U.S.C. 3288, when an indictment or information charging a felony is dismissed for any reason after the limitations period has run, a new indictment generally may be returned within six calendar months of the dismissal (the timing shifts if there is an appeal or no regular grand jury is in session), and that new indictment is not barred by any statute of limitations. The section does not help the government if the dismissal was for missing the limitations deadline in the first place, or for some other reason that would bar a new prosecution. State limitation periods and state speedy-trial rules are set by each state. Our guides on the statute of limitations on criminal charges and on your right to a speedy trial go deeper, and you should check your own state's rules.
What to do if you learn you are indicted or a target
The Justice Department defines a "target" as a person the prosecutor or grand jury has "substantial evidence linking him or her to the commission of a crime" and who is, in the prosecutor's judgment, "a putative defendant." A "subject" is someone whose conduct is within the scope of the investigation. Being told you are a target is a warning that an indictment may be coming. The Justice Manual encourages prosecutors, in appropriate cases, to notify such a person "a reasonable time before seeking an indictment," but nothing guarantees you will get notice.
Stop talking about the case to anyone but your lawyer. That includes agents who call you and friends who ask. Anything you say may be used against you in a later proceeding.
Get a criminal defense lawyer now. If you cannot afford one, ask the court at your first appearance to appoint one, and read about the right to a public defender.
Do not delete or alter documents or files. Destroying evidence can create a new problem on top of the old one.
Ask your lawyer to find out whether an indictment has been returned and whether it is sealed. Do not call the court or the prosecutor yourself to ask.
Write down dates and the names of people involved, and give the notes only to your lawyer.
If a warrant is out, talk to your lawyer about surrendering on a planned date. Skipping a court date makes everything worse.
Read the indictment itself, every count, with your lawyer. Note the court, the case number, your arraignment date, and any release conditions.
Do not discuss the case on social media, and do not contact anyone you think may be a witness.
If you are not a citizen, tell your lawyer right away. A criminal charge may have immigration effects that depend on the specific offense, and that needs to be part of every decision.
This article is general information, not legal advice. Rules change and vary by state, so check the official sources or talk to a licensed attorney in your state.
Frequently asked questions
What is an indictment in simple terms?
An indictment is a written accusation, approved by a grand jury, that formally charges someone with a crime. It lists each charge and the law the government says was broken. It starts the court process but is not proof of guilt. The government must still prove the charges at trial.
Is an indictment the same as a conviction?
No. An indictment is only an accusation that a grand jury found enough evidence to justify charging someone. A conviction comes later, from a guilty plea or a trial verdict. At trial the burden of proof is on the government, and the defendant does not have to prove innocence.
Does every felony need a grand jury indictment?
No. The Fifth Amendment indictment requirement applies in federal court, where offenses (other than criminal contempt) punishable by more than a year in prison must be charged by indictment unless the defendant waives it. It does not bind the states, and state practice varies. Many states charge felonies by information, often after a preliminary hearing.
What is the difference between an indictment and an information?
An indictment comes from a grand jury. An information is filed by a prosecutor alone. In federal court, a felony can be charged by information only if the defendant waives indictment in open court. Misdemeanors are commonly charged by information, and each state sets its own rules.
What is a sealed indictment?
A sealed indictment is one a judge orders kept secret, usually so the person can be arrested without warning. Under federal Rule 6(e)(4), it can stay secret until the defendant is in custody or released pending trial. It is why someone can be indicted without knowing it.
What happens right after you are indicted?
The court issues an arrest warrant or, at the government's request, a summons. You then appear before a judge, who tells you the charge and your rights and addresses release. Next comes the arraignment, where you enter a plea, and then discovery and pretrial motions.
How long do prosecutors have to indict someone?
Federal law generally allows five years from the offense under 18 U.S.C. 3282, though some crimes have their own periods. Once you are arrested or served with a summons on a federal charge, the Speedy Trial Act requires an indictment or information within thirty days, not counting excluded time, with thirty more days for a felony if no grand jury sat. State deadlines vary.
Can an indictment be dismissed?
Yes. A defendant can file a pretrial motion raising defects such as failure to state an offense or lack of specificity. Dismissal is not always final. Under 18 U.S.C. 3288, when a felony charge is dismissed after the limitations period has run, a new indictment may generally be returned within six calendar months, unless the dismissal itself was for missing the deadline.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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