What Does It Actually Mean to Be Indicted?

By Trinity Barnette

Understanding Grand Juries, Criminal Charges, and the Step That Changes Everything

What Is an Indictment, Really?

An indictment is one of the most serious milestones in the criminal justice process. It’s not gossip. It’s not speculation. It’s an official accusation—often handed down by a grand jury—that says: “We believe there’s enough evidence to charge this person with a crime.”

But even though the word is all over the news, many people still don’t understand what it actually means.

An indictment isn’t a conviction.

It doesn’t mean someone is guilty.

And it doesn’t always lead to a trial.

It simply means a group of people—typically citizens sitting on a grand jury—have reviewed evidence presented by a prosecutor and believe the case should move forward.

Think of it as a green light.

The prosecutor now has the authority to bring formal charges and pursue the case in court.

In federal cases, an indictment is required for any serious crime (usually felonies), thanks to the Fifth Amendment. State laws vary—some allow prosecutors to file charges without a grand jury, while others require it.

At its core, an indictment is the legal system saying:

“We believe a crime may have been committed. Let’s take this to court and find out.”

How Does a Grand Jury Work?

Most people picture a dramatic courtroom when they think of the justice system—defense attorneys objecting, judges pounding gavels, and trials open to the public. But a grand jury is nothing like that. In fact, it’s the opposite.

A grand jury is secret, one-sided, and completely controlled by the prosecutor.

This jury is made up of regular citizens—usually 16 to 23 people—who are chosen to listen to evidence behind closed doors. There’s no judge. No defense attorney. No cross-examination. The prosecutor runs the entire show.

Their goal? To convince the grand jury there’s “probable cause” to believe a crime was committed and that the person they’re targeting likely committed it.

It’s not a trial. It’s not about guilt or innocence.

It’s about deciding: “Should we move forward and charge this person?”

If at least 12 jurors agree (in federal court), the grand jury returns what’s called a “true bill”—an official indictment.

And here’s the part most people don’t realize:

Because there’s no one arguing for the defense, the vast majority of grand juries do indict. It’s said that a good prosecutor can “indict a ham sandwich.” That’s how low the bar is.

Still, this process is a legal safeguard—especially in federal cases—to make sure prosecutors can’t file serious charges without first showing some level of proof.

What Happens After Someone Is Indicted?

Once an indictment is handed down, the legal process officially begins. What was once an investigation now becomes a formal criminal case—and things move fast.

1. The arrest (if it hasn’t happened already)

If the person hasn’t already been arrested, a warrant is issued, and law enforcement can take them into custody.

2. An arraignment

This is the first court appearance after an indictment. The accused is formally presented with the charges, enters a plea (usually not guilty), and learns whether they’ll be held in jail or released on bail.

3. Pre-trial motions, negotiations, and prep

Now that charges are filed, the defense gets to see the evidence and start building their case. Plea deals may be offered. Some cases settle without ever going to trial. Others proceed with full jury trials.

4. The public spotlight

Once someone is indicted, their name is often released to the press. Whether or not they’re convicted, their reputation can be permanently affected. In high-profile cases, indictments can spark national conversation and internet outrage long before the facts are even clear.

It’s a serious turning point.

An indictment doesn’t mean someone is guilty, but it does mean prosecutors believe they can prove it in court—and they’re willing to try.

Federal vs. State Indictments

Not all indictments are created equal. Where an indictment comes from—federal or state court—can drastically change the stakes, the process, and the public reaction.

Federal Indictments

A federal indictment means the person is being charged with violating federal law, not just local or state law. These are usually serious crimes like:

• Racketeering

• Drug trafficking

• Human trafficking

• Fraud (wire fraud, tax fraud, healthcare fraud)

• Sex crimes that cross state lines

• Conspiracies or organized criminal activity

Federal cases are investigated by powerful agencies—like the FBI, DEA, Homeland Security, or IRS—and prosecuted by U.S. Attorneys. These charges tend to come with higher conviction rates and harsher sentences.

Also, federal indictments must go through a grand jury. It’s not optional. That’s why you hear about federal grand juries being convened in major criminal probes.

State Indictments

State indictments, on the other hand, come from violations of state laws—things like:

• Assault

• Burglary

• Drug possession

• Domestic violence

• Homicide (if not connected to federal jurisdiction)

Each state has its own rules. Some use grand juries. Others let prosecutors file charges directly. Penalties vary widely depending on the laws of that specific state.

Why this matters:

If you hear someone’s been federally indicted, it means federal authorities are involved and they’re treating the case as serious enough to escalate beyond local law enforcement.

And in most situations, the higher the jurisdiction, the heavier the pressure—and the bigger the headlines.

Indictment vs. Conviction — Why the Difference Matters

This part gets lost in public conversation all the time:

An indictment is not a conviction.

You can be indicted and never spend a day in jail.

You can be indicted and walk free because the case falls apart.

You can be indicted and found not guilty at trial.

But once someone is indicted—especially if they’re famous—the world often treats it like a guilty verdict. Headlines run. Social media convicts. People form opinions without ever seeing evidence.

Legally, though, an indictment just means a prosecutor and a grand jury believe there’s enough evidence to proceed—not that the person did it beyond a reasonable doubt.

That’s where the conviction comes in.

A conviction only happens after a trial or a guilty plea—and it means the government has met the highest burden of proof in the American justice system.

Indictment = “We think a crime occurred. Let’s take it to court.”

Conviction = “We proved it.”

That’s a massive difference.

It’s one reason why we need to be careful how we talk about people who are “under indictment.” The legal system is designed to give people the right to defend themselves before being punished. That principle matters—even when the accused is someone we dislike.

Conclusion: Indictments Are Serious—But They’re Not the End of the Story

Indictments can feel like a bombshell—especially when it’s a public figure or the case makes headlines. But they are only one step in a much longer legal process.

They are not verdicts.

They are not proof.

They are the beginning of a formal accusation and the start of the courtroom phase.

Understanding what indictments actually are helps us approach the news, our justice system, and each other with more clarity and less confusion.