An indictment is a formal written accusation issued by a grand jury that charges a person with a felony crime. In the federal system, the Fifth Amendment requires that all felony charges be brought by indictment unless the defendant waives this right.
How an Indictment Differs from a Criminal Complaint
A criminal complaint is filed by law enforcement or a prosecutor and is used in the early stages of a case. An indictment is issued by a grand jury after reviewing evidence presented by the prosecutor. An indictment signals that the government believes it has sufficient evidence to proceed to trial.
Receiving an Indictment
If you have been indicted, you will be required to appear in court for an arraignment where you will enter a plea. The indictment will list every charge against you and the specific conduct alleged. An experienced federal criminal defense attorney should review the indictment immediately to identify any defects, overbroad charges, or constitutional issues that can be challenged.
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