Overview

An indictment is a formal written accusation that a person has committed a serious crime and that the matter should proceed to trial. In systems derived from common law, indictments are typically used for grave offenses rather than minor infractions. The document identifies the defendant, the charge or charges, and the statutory basis for the allegations. For discussion of the underlying offense, see serious crime.

An indictment normally states essential elements of the offense so the accused and court can understand the charge. It often includes the time and place of the alleged conduct, the legal statute violated, and a short factual description. Once returned by the appropriate authority, an indictment commonly initiates prosecution and leads to arraignment, where the defendant is informed of the charges and enters a plea.

How indictments are issued

There are two principal paths to an indictment in different jurisdictions:

  • By a grand jury: a panel convened to determine whether probable cause exists to charge someone. Traditional grand juries are separate from the trial jury and may sit in secret—see grand jury.
  • By a prosecutor filing a charging document (often called an "information") after preliminary proceedings or review by a magistrate.

Whether a grand jury or information is used depends on constitutional provisions, statute, and local practice.

History and jurisdictional variation

The indictment has roots in historical common-law procedures intended to shield defendants from unfounded prosecutions by requiring community review before formal charges. Over time many legal systems reformed or replaced grand jury practice with judicial oversight or prosecutorial filings. Differences persist between countries and among regions within countries; for example, some federal systems retain grand juries for certain offenses while states may use alternative methods.

Sealed indictments and notable distinctions

A sealed indictment is not made public until a court orders it unsealed. Sealing can protect ongoing investigations, witness safety, or the identity of undercover operatives. Separate from indictments are complaints, informations, and summonses—each is a different type of accusatory or charging instrument with its own procedures.

Importance and consequences

An indictment is a major procedural step: it elevates allegations into formal prosecution and triggers pretrial rights such as counsel, discovery, and bail review. It does not determine guilt; rather, it brings the case to trial where guilt must be proven according to the applicable standard. For background on jury roles in trials and indictments, see jury.