Jurist Dictionary: Defining Pre-Indictment Accusations

An accusation is a statement or claim that someone has committed a crime or engaged in wrongful conduct. Unlike an indictment or formal charge, an accusation can arise at many different stages—it may come from a law enforcement officer, a prosecutor, a witness, or even another individual. In the criminal justice system, an accusation is often the starting point that prompts an investigation or legal proceedings, but by itself, it does not determine guilt.

Accusations can take different forms. For example:

• When police arrest someone and file a complaint, that complaint is considered an accusation. 

• A prosecutor may file a formal written accusation that initiates charges without involving a grand jury. 

  
  

At its core, the term simply refers to the act of alleging that a person has committed a specific offense.

It is important to understand that an accusation alone is not necessarily evidence. The law recognizes that anyone can be accused, but guilt must be established through the legal process, and only if the prosecution meets the high standard of proving the case beyond a reasonable doubt. Because of this, the presumption of innocence applies—meaning every person is legally considered innocent until proven guilty in a court of law.

For those facing an accusation, the experience can feel stressful and damaging, even before any formal charges are filed. However, legal protections exist to ensure fairness, including the right to legal counsel, the right to confront accusers, and the right to present evidence in one’s defense. An accusation may begin the process, but it is the court system—not the accusation itself—that determines the outcome.

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