Jurist Dictionary: Defining Criminal Indictments

A criminal indictment is a formal, written accusation issued by a grand jury, charging a person with committing a crime. It is not the same as a conviction—it does not determine guilt or innocence. Rather, it is a step in the criminal justice process that allows the government to move forward with prosecuting a case. In Georgia, felonies require an indictment before a case can proceed to trial.

The process typically begins when a prosecutor presents evidence to a grand jury, which is a group of citizens called to review whether there is enough evidence or probable cause to believe that the accused committed the offense. The grand jury does not decide guilt or innocence. Instead, its role is to act as a safeguard between the government and the accused, ensuring that cases move forward only when there is sufficient evidence to justify it. If the grand jury agrees that there is significant enough probable cause, they issue an indictment, which formally outlines the charges.

An indictment lists the criminal statutes in the state of Georgia that were allegedly violated and provides a brief summary of the facts supporting those charges, including:

• The alleged defendant in violation of the statutes

• The date and location of the violation

• The specifics of the violation. 

Once issued, the defendant is officially notified of the charges and the case proceeds through the criminal court system. This may include an arraignment, pretrial motions, plea negotiations, and potentially a trial. Importantly, an indictment is only an accusation—it does not require the defendant to prove innocence, since the burden of proof always remains on the prosecution.

For individuals facing an indictment, it can feel intimidating, but it is essential to remember that it is only the beginning of the legal process. Defendants still have all of their constitutional rights, including the right to an attorney, the right to present a defense, and the right to a fair trial. In many cases, a skilled defense attorney can challenge the sufficiency of the evidence, negotiate favorable plea agreements, or even secure dismissal of charges.

If you or a loved one have been accused of a crime and are facing an indictment, the best path forward is to speak with an attorney. Call Sara Stewart today to discuss your options.