An indictment is a formal accusation that charges an individual with a crime. It is issued by a grand jury and signifies that there is enough evidence for the case to move forward to trial. This is a critical phase in the criminal justice system, marking the transition from investigation to the formal charging of the accused.
A grand jury reviews evidence presented by a prosecutor to determine whether there is sufficient cause to bring the individual to trial. If the grand jury finds probable cause, it will return a “true bill,” resulting in an indictment.
This document outlines the charges and the essential facts that constitute the alleged offense, ensuring that the accused is informed of the exact nature of the accusations against them.
The purpose of an indictment is to ensure that no person is brought to trial without due process and sufficient cause, protecting individuals from unfounded legal action.
Table of Contents
How an Indictment Works in Kentucky
An indictment begins in the confidential chambers of a grand jury. Unlike a typical trial jury, which decides guilt or innocence during a criminal trial, the grand jury serves primarily to determine whether there is enough evidence to charge someone with a crime.
Composition of the Grand Jury
Composed of people selected from the community, grand jurors listen closely as prosecutors present evidence regarding potential criminal activity. Witnesses may testify, and documents may be presented. The grand jury is not a public proceeding, and the defendant does not have the right to be present or to call witnesses.
What Happens After Someone is Indicted?
Once someone is indicted, the legal process enters a new phase that involves several critical steps designed to ensure a fair trial for the accused.
Arraignment
Once an indictment is issued and a person is arrested, the next step is arraignment, where the accused appears before a judge to hear the charges formally read. During this proceeding, the defendant is asked to enter a plea of guilty, not guilty, or no contest to the charges. Additionally, bail may be set.
The Discovery Process
After the formal charges are laid out in the indictment, the prosecution and defense engage in a phase called discovery. During this preparatory stage for trial, you and your attorney have the right to view evidence that may be used by prosecutors at trial. This can include police reports tied to your case, witness testimony collected by law enforcement or other authorities, and other evidence that may be used against you.
Plea Bargaining
In many cases, the defendant’s lawyer may engage in plea bargaining with the prosecution. This negotiation process can result in the defendant pleading guilty to a lesser charge or receiving a reduced sentence in exchange for avoiding a trial. Plea bargaining can expedite the legal process and provide a resolution that is acceptable to both sides.
Pre-Trial Motions
Before the trial begins, your legal team might file pre-trial motions in which they can request the court to make a variety of decisions.
For example:
- A motion to dismiss the charges
- A motion to suppress evidence if it was unlawfully obtained
- A motion for a change of venue if you feel that’s necessary
Addressing these issues early can shape how the trial proceeds or, in some cases, result in charges being dropped or reduced before getting further into litigation.
Going to Trial
Following the completion of these stages, if the case has not been otherwise resolved (through dismissal or plea bargaining), it proceeds to trial. Here, both the prosecution and defense present their cases before a judge and/or jury.
During the trial, prosecutors will present evidence to support the indictment and demonstrate your alleged involvement in a crime. They attempt to prove each element of the charged offense beyond a reasonable doubt.
Your defense team has an opportunity to refute the prosecution’s claims by presenting its own witnesses and evidence, cross-examining prosecution witnesses, and pointing out inconsistencies or weaknesses in their case.
Sentencing
If the defendant is found guilty, the final stage is sentencing. During the sentencing hearing, the judge considers various factors when determining the sentence. This usually includes the severity of the crime, the defendant’s criminal history, and any mitigating circumstances. The judge then imposes a penalty, which could range from fines and probation to imprisonment.
Contact Our Experienced Louisville Criminal Defense Lawyers If You’ve Been Accused of Committing a Crime
If you’ve been indicted and are facing criminal charges, it’s important to work with a defense lawyer as soon as possible. Contact Suhre & Associates DUI and Criminal Defense Lawyers, today to schedule a free consultation with a Louisville criminal defense attorney at (502) 221-3318
