To indict is to officially accuse a Defendant of a crime. The indictment is determined by a grand jury. The grand jury is composed of 16 to 23 citizens from the county who are randomly selected from driver’s license and voter’s registration lists.
Generally speaking, the grand jury listens to a basic summary of the evidence from the state’s perspective. The prosecuting attorney decides which witness will testify, typically the arresting officer. Defendants and their attorneys are not allowed to be present; therefore, the grand jury hears only one side of the presentation and almost always returns a “true bill” of indictment. If a true bill is issued, the Defendant is formally indicted and charged with the crime. If the grand jury believes there is insufficient evidence (or probable cause) to charge the Defendant, it will issue a “no bill.” The person will then be released and the charges will be dropped. (Unfortunately, this rarely happens).
Certain cases involving less serious felonies such as theft, credit card fraud, forgery, and vehicle trespass are not presented to a grand jury for indictment. In these cases, the prosecuting attorney may proceed with an “accusation” by filing a written document with the court that allows the case to move forward.
Once indicted, the Defendant no longer has the ability to request a preliminary hearing before the judge to determine probable cause. In many jurisdictions, the prosecuting attorney knows that indictment is a more reliable way to secure formal charges, and many will bypass the judge by convening a grand jury before the Defendant’s scheduled preliminary hearing.
If the Defendant is not indicted, or otherwise formally charged, within 90 days of arrest, he or she is eligible for a reduction in bond or release from custody.
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