An indictment is a formal charge issued by a grand jury, stating that there is enough evidence to proceed with a criminal trial. While the standard for indictment is probable cause, the process does not require the same level of proof as a conviction.

Does an Indictment Require Evidence?

• Yes, some evidence is required, but it does not have to be extensive.
• The prosecution presents its case to a grand jury, which decides whether there is enough probable cause to indict.
• Unlike a trial, the defense is not present to argue against the evidence.

Can Someone Be Indicted with Weak or Limited Evidence?

• The standard for indictment is lower than “beyond a reasonable doubt.”
• The grand jury only needs to believe a crime may have been committed and that the accused may be responsible.
• Some indictments are based on circumstantial evidence or witness testimony.

What Happens After an Indictment?

• The defendant is formally charged and will face arraignment.
• The case proceeds to trial or plea negotiations.
• The defense can challenge the evidence and seek dismissal of charges if the case lacks merit.

While an indictment requires some evidence, it does not need to be conclusive. The grand jury only determines probable cause, leaving the burden of proving guilt to the prosecution at trial.