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An indictment is a formal document that officially charges someone with a criminal offense. It is issued by a grand jury at the request of a prosecutor after reviewing evidence related to the alleged crime.
For an indictment to be issued, the grand jury must find probable cause—a legal threshold meaning there is a reasonable basis to believe the individual committed the crime. This standard is relatively low; it doesn’t require proof beyond a reasonable doubt, only some supporting evidence.
Being indicted does not mean the person is guilty. It simply signals the start of the criminal court process. In many cases, an arrest follows the indictment, and the defendant will need to prepare for arraignment and possibly trial.
In Arizona, an indictment generally happens after a police investigation. Usually, the defendant hasn’t been arrested yet, and may not even be aware of potential criminal charges.
An indictment is not required in all cases, but it is common in the most serious cases. A prosecutor can always file a direct complaint in lieu of seeking an indictment. With a direct complaint, the case will proceed to a preliminary hearing where a judge finds probable cause. Probable cause is required to support all criminal charges, whether found by the grand jury or the judge at the preliminary hearing.
After an indictment is issued, the judge may order a summons or issue an arrest warrant for the defendant. The defendant will appear in court, and the criminal process will begin. In most cases, the judge will issue an arrest warrant because the cases are often very serious felonies.
A grand jury indictment is not guaranteed, even though it is usually issued. To get an indictment, the prosecutor will present evidence to the grand jury.
The grand jury hearing is held in secret. At least nine jurors are randomly selected to sit on the grand jury for a set period. The jurors will listen to evidence presented by the prosecutor. The traditional rules of evidence do not apply in grand jury hearings, and the defense attorney cannot be present.
Usually, the evidence consists of police testimony about an ongoing investigation. The prosecutors may choose to present some or all of their evidence. Since the evidentiary bar is lower than at trial, they may choose only to call one or two witnesses.
The grand jury can decide to issue an indictment (also called a true bill) for the specific charges that the prosecutor requested. However, the grand jury also has the authority to issue an indictment for different or additional charges. In some cases, the grand jury may find that there is not enough evidence to support the prosecutor’s charges but that there is probable cause to support others.
Getting indicted is scary, but it doesn’t necessarily mean that you will be convicted. An indictment solely means that the grand jury found probable cause to support the charges. This is a much lower standard than the evidence required for a conviction.
To get convicted, a jury must find that you are guilty beyond a reasonable doubt. All of the jurors must unanimously agree that there is no reason to doubt that you are guilty as charged. There can be no alternative explanation for the evidence except that you are guilty. If even one juror questions your guilt, you can’t be convicted.
Alternatively, probable cause is only a reasonable belief that someone committed the crime. There doesn’t need to be evidence beyond a reasonable doubt, just some evidence. Probable cause is the same standard that police need to arrest someone for a crime.
An example of probable cause may be if the police respond to a 911 call alleging an assault. If they show up and see that one person is bleeding and claims the defendant hit them, they could find probable cause to arrest the person for assault. There is some evidence on which they can reasonably believe the defendant committed assault. However, at trial, there may be additional evidence showing that the defendant acted in self-defense, and therefore isn’t guilty.
The chances are that if you are indicted in Arizona, you are facing very serious charges. Whether you were arrested or not, you need to call a criminal defense attorney right away. A lawyer can help defend you against the allegations and show that there is no proof beyond a reasonable doubt.
By the time you are indicted, the police and prosecutors have already collected evidence against you. The clock is ticking, and the sooner you hire a lawyer, the better your chances of walking free.
Contact Orent Law Offices at (480) 656-7301 for a free consultation with a Phoenix criminal defense lawyer.
