According to the United States Department of Justice (DOJ), an indictment is a formal accusation issued by a grand jury that charges an individual with committing a crime.
Once someone is indicted, the criminal justice system doesn’t just stop. It’s actually just getting started. What comes next? Court dates, decisions, negotiations, and possibly a trial. If you or someone close to you is facing an indictment, it can feel like being thrown into a legal maze.
What Is an Indictment?
An indictment is a formal legal document that accuses a person of committing a felony-level crime. It’s typically handed down by a grand jury—a group of citizens who review evidence presented by a prosecutor and determine whether there’s enough to charge someone.
An indictment is not a conviction. It means charges have been filed, not that guilt has been proven.
Who Gets Indicted?
Anyone can be indicted — private citizens, government officials, business executives, even celebrities. But typically, indictments are reserved for serious crimes, such as:
- Drug trafficking
- Murder
- Fraud
- Embezzlement
- Corruption
- Organized crime
In federal cases, indictments are almost always required for felonies (crimes punishable by over one year in prison).
What Happens After an Indictment?
Let’s walk through the entire criminal case process after an indictment — both in federal and state courts. This is where it all gets real.
Step 1: Arrest (If Not Already Arrested)
In some cases, the person is already in custody before the indictment. In others, the indictment triggers the issuance of an arrest warrant. Law enforcement can pick the person up and take them into custody.
- Example: If a grand jury indicts someone for wire fraud, the U.S. Marshals or FBI may arrest them the next day.
Step 2: Arraignment
Once arrested, the accused will appear in court for an arraignment, which is typically held within 48–72 hours.
At the arraignment:
- Charges are read
- Defendant enters a plea: guilty, not guilty, or no contest
- The court informs the accused of their rights
- A bail hearing may occur
Step 3: Bail Hearing
If bail is set, the judge considers several factors:
- Flight risk
- Criminal history
- Severity of the crime
- Ties to the community
Options after bail hearing:
- Released on bail
- Released on own recognizance (no money required)
- Held without bail (for violent or serious crimes)
Step 4: Discovery Phase (Pre-Trial)
Now comes the legal back-and-forth. Both sides — the prosecution and defense — exchange evidence and build their cases.
During discovery:
- Witnesses are identified
- Expert reports are shared
- Surveillance, phone records, and physical evidence are exchanged
- Motions can be filed to suppress or dismiss evidence
This phase can last weeks or months, especially in complex or white-collar crime cases.
Learn More: Convicted vs Charged – Legal Definitions, Differences & Implications
Step 5: Pre-Trial Motions
Defense attorneys can file motions to:
- Dismiss the indictment
- Suppress evidence
- Request a change of venue
- Delay the trial (continuance)
Prosecutors may file motions too, like consolidating charges or adding new evidence.
Step 6: Plea Bargaining
According to the Bureau of Justice Statistics, over 90% of criminal cases in the U.S. end in plea deals.
Here’s how it works:
- The defendant agrees to plead guilty in exchange for a lesser charge or reduced sentence
- Saves time and money for both sides
- Avoids the uncertainty of trial
If the defendant rejects a plea deal, the case proceeds to trial.
Step 7: Trial
If no plea is entered, a criminal trial begins. It can be:
- Bench Trial – judged by a judge only
- Jury Trial – judged by a jury of 6–12 peers
Trial phases include:
- Opening statements
- Witness testimony
- Cross-examinations
- Evidence presentation
- Closing arguments
- Jury deliberation
- Verdict
Verdict can be:
- Guilty
- Not guilty
- Hung jury (may result in a mistrial)
Step 8: Sentencing (If Found Guilty)
If convicted, the next step is sentencing. The judge considers:
- Nature of the crime
- Prior record
- Victim impact statements
- Federal or state sentencing guidelines
Sentences can include:
- Prison time
- Probation
- Community service
- Restitution
- Fines
Step 9: Appeals
Defendants can file an appeal if they believe:
- Their rights were violated
- The trial was unfair
- Evidence was wrongly admitted
Appeals don’t retry the case — they review legal errors made during the trial.
Federal vs. State Indictments
| Feature | Federal Indictment | State Indictment |
|---|---|---|
| Prosecuted by | U.S. Attorney | District Attorney |
| Court | U.S. District Court | County/State Court |
| Investigated by | FBI, DEA, ATF, IRS | Local police, state agents |
| Common Crimes | Terrorism, drug trafficking, white-collar fraud | Assault, theft, burglary, DUIs |
| Grand Jury Required? | Yes (for felonies) | Not always |
What Are Your Rights After an Indictment?
After being indicted, you still have important constitutional rights, including:
- Right to remain silent
- Right to an attorney
- Right to a fair and speedy trial
- Right to review evidence against you
- Right against self-incrimination
- Right to confront witnesses
If you can’t afford a lawyer, the court must provide one.
Case Study
Elizabeth Holmes, the former CEO of Theranos, was indicted in June 2018 for wire fraud and conspiracy. Here’s what followed:
- Indictment by a grand jury
- Released on $500,000 bond
- Multiple pre-trial hearings
- Trial began in 2021
- Convicted on 4 counts in 2022
- Sentenced to 11+ years in prison
This shows how lengthy and complex the post-indictment process can be.
What Should You Do If You’ve Been Indicted?
If you’ve just been indicted — don’t panic, but take these steps immediately:
- Hire a criminal defense lawyer — ideally one with experience in federal or serious felony cases.
- Don’t talk to police or investigators without your lawyer present.
- Gather documents and evidence that support your side.
- Follow all court orders and dates. Don’t miss any hearings.
- Avoid posting on social media. Anything you say can and will be used against you.
Final Thoughts
Being indicted can turn your life upside down — but understanding the process is the first step to regaining control.
From arraignment to trial and beyond, every stage matters. The best thing you can do is stay informed, hire a good attorney, and know your rights.
No matter how serious the situation, you’re innocent until proven guilty.
FAQs
Can you be indicted and not arrested?
Yes. Some people are indicted and receive a summons to appear in court rather than being arrested.
Does an indictment mean I’m guilty?
No. An indictment only means there’s probable cause to believe a crime was committed — not proof beyond a reasonable doubt.
Can charges be dropped after indictment?
Yes. Prosecutors can drop or reduce charges, especially during plea negotiations or if new evidence comes to light.
How long after indictment is trial?
It varies, but typically several months to over a year, depending on case complexity and court backlog.
What is a sealed indictment?
A sealed indictment is kept secret until the person is arrested — often used in organized crime or drug cases to prevent suspects from fleeing.
