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Posted on February 24, 2025 in Criminal Law
The criminal court process in Phoenix, Arizona, can be confusing. You probably heard the term indictment if you or your loved one has an ongoing criminal case. An indictment is the term for a formal criminal charge. A grand jury issues an indictment after a secret grand jury hearing. The indictment signals that the grand jury has found probable cause to support the criminal charges.
There are usually two different times in the criminal court process when a prosecutor will seek an indictment:
A prosecutor may seek an indictment before the police arrest someone. This usually happens in very serious cases. If the police and prosecutors have an ongoing investigation into criminal activity, they may submit the evidence to the grand jury seeking an indictment. If the grand jury finds probable cause and issues the indictment, then the police will arrest the defendant, and the criminal court process will begin.
More often than not, a defendant is arrested before an indictment. For example, when the police respond to a 911 call and make an arrest based on probable cause at the scene. While the police have the right to make an arrest based on probable cause, they don’t have the authority to charge someone with a crime.
In these cases, a formal indictment will happen after the arrest during the criminal court process. Usually, it happens instead of a preliminary hearing. During a preliminary hearing, a judge will decide whether there is probable cause to support the charges moving forward.
In some cases, a prosecutor may decide to submit the charges to a grand jury for an indictment instead of having a public hearing. This is common in very serious cases where the prosecutor has an interest in keeping the evidence private.
If the grand jury indicts the defendant, then the case will proceed to trial.
Grand jury hearings are notoriously secret. The grand jury is a group of jurors who decide if there is probable cause to support a charge. Neither the defendant nor their attorney are allowed to be present at the grand jury hearing. During the hearing, the prosecutor will present evidence to the grand jury. The evidence may include:
The grand jurors generally have the right to ask witnesses questions, unlike at trial. Furthermore, the traditional rules of evidence do not apply.
After hearing the evidence, the grand jury deliberates and decides if there is probable cause to support the charges. Probable cause is a low standard, much lower than required for a conviction. It means that there is a reasonable belief based on the evidence that a crime was committed and the defendant committed the crime.
If the grand jury decides that there is probable cause, they will indict the defendant. If they do not, then they will not indict the defendant. If they choose not to indict the defendant, the prosecutor can try again in the future with additional evidence.
After you are indicted, your case will proceed to trial. If you were not arrested beforehand, an arrest warrant will be issued for you. The lawyers may engage in plea deal negotiations, and you will move to the pretrial motions phase. Pretrial motions could include:
After the pretrial motions, your case will go to trial. Your lawyer will represent you at all stages of the criminal case, including throughout pretrial motions and trial.
An indictment is a critical step in the Phoenix, Arizona, criminal court process, signaling that a grand jury has found probable cause to charge a defendant with a crime. Whether an indictment occurs before or after an arrest, it marks the beginning of formal legal proceedings. From pretrial motions to potential plea negotiations and trial, every stage of the process is crucial. If you or a loved one is facing an indictment, seeking experienced legal representation is essential. A skilled Phoenix criminal defense attorney can help protect your rights and guide you through the legal system.
For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
