Criminal Procedure
Indictment
A formal criminal charging document issued by a grand jury after finding probable cause to accuse the defendant.
Governing rule: Fed. R. Crim. P. 7
Plain-English definition
An indictment is the grand jury’s written accusation. It does not prove guilt; it alleges charges that must still be proven beyond a reasonable doubt. Federal felony prosecutions generally proceed by indictment unless the defendant waives that right.
How it works
The indictment identifies counts, statutory citations, essential facts, and sometimes forfeiture allegations. Defendants can challenge defects through pretrial motions.
Why it matters
The indictment frames the entire criminal case: charges, penalties, plea leverage, discovery, and trial proof.
Related terms
More in Criminal Procedure
Allocution
A defendant’s opportunity to speak directly to the judge before sentence is imposed.
Arraignment
A criminal proceeding where charges are formally read or presented and the defendant enters an initial plea.
Bail
Release before trial under conditions designed to assure appearance and protect the community.
Beyond a Reasonable Doubt
The constitutional proof standard the government must meet to convict a defendant of a crime.
Bond
A financial or secured promise tied to a defendant’s release and future court appearances.
Information
A criminal charging document filed by a prosecutor without a grand jury indictment.
Plea Agreement
An agreement in which a criminal defendant pleads guilty under negotiated terms with the government.
Probable Cause
A practical probability standard used for arrests, searches, warrants, and some charging decisions.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.