An indictment from a grand jury means that the grand jurors felt there was enough evidence for you to be charged with a felony offense, indicating that the criminal case should proceed. What comes next will be gathering the State’s evidence, exploring defensive theories, and prepping for trial. 

Grand juries do not decide whether someone is innocent or guilty. A grand jury is typically a 12-person panel whose job is to consider whether the prosecution has enough evidence to justify bringing the case to trial. This process is primarily used for felony charges in state courts and the federal court system.

The burden of proof for a grand jury indictment is probable cause.  Probable cause is the same threshold of evidence needed for an arrest by police. This is much lower than the evidence the State must prove in order to secure a guilty verdict at trial.  Only a majority of the grand jury is needed to vote to indict a person for a crime.  Whereas, in a felony jury trial, the verdict must be unanimous. 

After the grand jury has heard all of the evidence, a formal charge is issued if a grand jury determines there’s enough to charge you with a crime. Otherwise, your case will be “No-Billed,” meaning it’s over for now, but it can be reopened if new evidence is found.

What Happens After a Grand Jury Indictment

After an indictment is handed down, an arrest warrant will be issued if you aren’t already in custody. After that, several hearings and procedural steps will occur before you stand trial.

Initial appearance and arraignment: Just as it sounds, the initial appearance is the first step. At that appearance, a defendant is informed of their rights and the charges against them. At the arraignment, you will have to enter a plea – guilty, not guilty, or no contest. 

Bail and pretrial release: Bail or pretrial release conditions will be considered after the arraignment. Bail ensures the defendant’s appearance at required court dates. The conditions of bail or release are determined based on the crime, the evidence presented against the defendant, and any past criminal record the defendant has. Depending on the bail amount set, you’ll probably have to make arrangements to post cash bail or visit a bail bond agent.  Bail and pretrial conditions may also be set upon release from jail, before a grand jury hears your case, whichever is sooner.  It is very important to comply with any pretrial or release conditions in order to remain on bond and to demonstrate to the court that you are a law-abiding citizen.

Discovery: This is where the defense and prosecution will exchange information relevant to the case, including:

• Witness lists
• Evidence
• All materials that will be used at trial 

Your lawyer will thoroughly review this material with you, seeking out inconsistencies and looking for evidence to support your defense. 

Pretrial motions: Before a trial, either party can file various motions. These can seek to exclude evidence, request the court rule on specific issues, or even request that some charges be dismissed.

Plea bargaining: It’s possible that you may be able to negotiate a plea deal while preparing for a trial. This is an agreement with prosecutors: You agree to plead guilty (or no contest) to a lesser charge, one of several charges, or to a punishment that is less than the maximum in the punishment range In exchange, they’ll offer to dismiss the other charges and offer a more lenient sentence. You must agree to plead guilty or no contest to the charges you’ve agreed to in the plea deal, but it will eliminate much of the risk of a trial.

Trial prep: You will work directly with your attorney to carefully review every detail of your case and develop a comprehensive strategy.

Trial: If a plea agreement doesn’t resolve your case, the case will head to trial, and you’ll get to present your side to a judge and/or jury. Although you are innocent unless proven guilty, you must elect who will hear your punishment case prior to jury selection.  You can choose the judge or the jury.  Your attorney will advise you which is best based on your criminal history and the crime you are charged with.  Remember that at trial, the prosecution must prove your guilt “beyond a reasonable doubt.” 

Sentencing: If found guilty, the judge or jury determines the appropriate penalty based on the crime, your criminal history, and other factors. Sentences vary based on the crime and can range from community service or fines to a prison term. 

Appeals: If you lose the trial, the next step would be to appeal the ruling or sentence. Appeals can be based on:

1. Rights violations
2. Procedural issues
3. Claims of legal error
4. New evidence after the trial

This will be something that will need to be discussed with your attorney.

Federal Grand Jury Indictments

The federal government often has jurisdiction to investigate and prosecute crimes that:

• Involve the internet
• Cross state lines
• Violate congressional laws
• Involve crimes against federal institutions

Federal indictments can seem particularly intimidating. The secret nature of these deliberations means you may never know why if the jury decides not to indict you (known as being No-Billed).

Not knowing the reasons for the grand jury’s decision can be frustrating because if new evidence against you arises, the prosecution can re-open the case against you, and you’re at risk of having to go before a grand jury again, at least up until the statute of limitations expires. 

Unfortunately, the federal government’s resources are virtually unlimited, and several agencies can (and will) collaborate to gather evidence against you.

Also, your lawyer cannot be present if you’re called to testify. This is because grand jury proceedings are secret.

Testifying alone can be scary and intimidating, particularly when the federal government is involved.

However, your attorney can prepare you for your testimony so you know more or less what to expect.

The attorney can wait outside, so they’re readily available for questions should you need to consult them during the questioning