Blair Defense Criminal Lawyers | February 19, 2025 | Criminal Law
Facing criminal charges in California can be overwhelming, and understanding important legal terms, like indictment, and what to do if you’re facing one, is essential to protecting your rights. An indictment is a formal charge issued by a grand jury when they decide there’s enough evidence to believe a person committed a crime.
Once indicted, the accused must go through legal proceedings to address the charges, such as arraignment and potentially a trial. Knowing this process helps you become more informed about the charges against you and the potential path ahead.
Purpose of an Indictment
In some cases, law enforcement and prosecutors decide to present the case to a grand jury before making an arrest. This allows them to gather comprehensive evidence behind the scenes and secure an indictment without tipping off the defendant.
Charging someone through an indictment (rather than arresting them on the spot) also allows the prosecution to test its case. If it doesn’t get an indictment, it can go back to the drawing board and gather more evidence to build a stronger case.
Situations in Which Prosecutors Seek an Indictment
In California, indictments are often used for higher-level felony cases where prosecutors want to maintain secrecy or need a more formal procedure to establish probable cause before charging someone with a crime.
Typical examples include serious offenses like murder or public corruption cases, where a grand jury proceeding allows for a thorough, confidential review of the evidence. The alternative process, known as “information,” is used more commonly for lower-level felonies and misdemeanors, which do not involve a grand jury.
Process of Indictment
When a prosecutor believes criminal charges may be justified, they can present the case to a grand jury. In California, this process helps decide whether there’s enough evidence to formally accuse someone of a crime. Here’s a brief overview of how it works:
Selection
The grand jury is assembled from a group of community members who meet certain eligibility criteria, such as age and residency requirements. Potential jurors are questioned to ensure they can review the evidence without bias or outside influence.
Convening
Once the grand jury is chosen, it gathers behind closed doors to examine evidence that a prosecutor believes supports criminal charges. This typically includes witness testimony, documents, expert reports, and any other relevant evidence.
By presenting the case in secret, prosecutors can protect sensitive information and witnesses and also prevent the suspect from fleeing, tampering with evidence, or interfering in the investigation. Unlike typical courtroom proceedings, defense attorneys are usually not present, and the defendant may not even know this process is ongoing.
Deliberation
After reviewing the evidence, the grand jurors discuss and debate whether there is sufficient support to accuse the suspect of a crime. If anything is unclear, they can ask the prosecutor questions or request more information.
Decision
If the grand jury concludes that probable cause exists, they issue a formal indictment, giving the prosecutor a green light to proceed with filing criminal charges. If the grand jury does not find enough evidence, they can decide not to indict, in which case the prosecutor may gather additional evidence or drop the matter.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
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