No, you cannot be legally indicted without some form of evidence. An indictment is a formal charge issued by a grand jury after reviewing evidence presented by the prosecution. The standard of proof for an indictment is lower than for a conviction.

Key Points About Indictments & Evidence

• Probable Cause Standard – A grand jury only needs probable cause (a reasonable belief that a crime was committed) to indict someone, not proof beyond a reasonable doubt.
• Prosecution Presents Evidence – The prosecutor presents evidence (such as witness testimony, documents, or forensic evidence) to the grand jury.
• Defense Cannot Challenge Evidence – Unlike a trial, the defense does not get to present their side or challenge evidence at the grand jury stage.
• Indictments Are Not Guaranteed – If the grand jury finds insufficient evidence, they can refuse to indict (this is called a “no bill”).
• Weak or Misleading Evidence – In rare cases, someone may be indicted based on weak, misleading, or circumstantial evidence, but there must be some evidence for an indictment to proceed.

Bottom Line

An indictment requires evidence, but only enough to establish probable cause, not proof of guilt. If indicted, you still have the right to challenge the evidence at trial.