We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Criminal

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is a Federal Indictment?

By Jennie S.
Updated: May 16, 2024
Views: 71,326
Share

A federal indictment, also called a bill of indictment or a true bill, is the written accusation that forms the basis for a felony criminal case in a United States federal court. It is frequently the second step in federal cases, which usually begin when a prosecutor files an initial complaint, also called an "information" or "accusation."

After a complaint is filed, a federal grand jury, which is a panel of 16 to 23 ordinary citizens, secretly reviews evidence presented by the federal prosecutor, also known as the U.S. Attorney. The purpose of this review is to determine whether the case is strong enough to proceed. If a simple majority of a grand jury determines that it is strong enough, it returns a federal indictment, and the defendant faces further criminal proceedings. If the grand jury determines the prosecutor’s evidence to be insufficient, it returns "no bill," and the federal charge or charges are dismissed.

The grand jury’s indictment is prepared by the grand jury foreperson, who marks it a "true bill" and delivers it to the Federal Magistrate, or judge. After the federal indictment is issued, a warrant is prepared for the defendant’s arrest, if the defendant is not in custody already.

A federal indictment is usually brief and plainly worded, listing where, when and how the defendant allegedly committed the felony offense. Some indictments are sealed, or secret, meaning that they cannot be viewed by the public. Usually, indictments are sealed because the defendant has yet to be arrested. After an arrest the indictment may be made available to the public.

Unless the defendant waives his or her right to a jury trial or works out a plea agreement with prosecutors, cases stemming from federal indictments are tried by juries. Federal defendants may also waive their right to a grand jury proceeding and proceed with a trial or a plea agreement based only on the prosecutor’s information, or initial complaint.

Indictment by grand jury is a protection granted to defendants in federal felony cases under the Fifth Amendment of the U.S. Constitution, which states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury.” Despite this, fewer than half of all U.S. states use grand juries in prosecuting felony cases. This is because this right has not been incorporated into the Fourteenth Amendment which would make it applicable to the states. Those states that do grant grand jury indictments to the accused do so because they have incorporated the right into their state constitutions. In those states that do not use grand juries, prosecutors file a criminal complaint. The criminal complaint is heard by a judge, who determines whether there is sufficient evidence against the accused to proceed with a trial.

Share
MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
By stmary — On Feb 27, 2013

Why aren't Federal indictments issued immediately?

By anon322510 — On Feb 27, 2013

Why would I know the whereabouts of Federally indicted females, but the government doesn't pick them up?

By trullieok — On Apr 11, 2011

I had no idea that a federal indictment was so complicated! You hear about people being indicted all the time on the news and it comes across as such a simple, one step thing, but apparently not -- I hope I never have to experience it first hand!

By Sunny27 — On Jul 12, 2010

Great article- I just want to add that grand juries usually hear from F.B.I and I.R.S. agents more than traditional law enforcement officers.

Share
https://www.mylawquestions.com/what-is-a-federal-indictment.htm
Copy this link
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.