It’s a word you hear regularly on the news: indictment. It’s typically heard in connection to some form of felony, usually in a context such as “A Macon grand jury handed down an indictment today for John Example, in connection with the armed assault of…”
At its most basic, an indictment is a formal document that officially accuses one or more people of committing a crime. In Georgia, most felony prosecutions can only proceed once the defendant(s) have been formally indicted, a process that usually involves a grand jury.
The role of the indictment and the process by which individuals are indicted for prosecution are vital aspects of American criminal law but are sometimes poorly understood. This month, we’ll take a deep dive into the grand jury and indictment processes and answer the question: What does “indictment” mean?
What Does “Indictment” Mean?
Technically, an indictment is a formal document that describes a criminal act and specifies the criminal charges that are being levied against someone in a criminal prosecution. The indictment is the basis of the accusation and defines what the prosecution will be trying to prove in the subsequent criminal trial.
Who Issues Indictments in Georgia?
In Georgia, nearly all indictments are made following the presentation of a criminal case to a grand jury. The grand jury’s role is not to determine the defendant’s guilt or innocence. Instead, the grand jury’s job is to listen to the charges that are being brought, evaluate the evidence that law enforcement and prosecutors have collected, and determine the answer to one simple question:
Is there adequate evidence to suggest that a crime has been committed?
While the procedure can vary from place to place and even from case to case, most Georgia counties follow some variation on this basic theme:
- A “standing” grand jury is appointed for a six-month period. The jury meets for a few hours each week and hears multiple cases during each meeting.
- Each new case is presented to the grand jury by any number of individuals, usually only two or three: the prosecutor who will be handling the case and the arresting or investigating officer involved with the case (called “witnesses”)
- The prosecutor will outline and explain the charges and answer any questions the grand jurors may have about the specifics of the law(s) in question.
- The witness(es) will explain the process by which they were able to determine (a) that a crime had been committed and (b) how they determined who to prosecute for the offense. This explanation will include any evidence collected in the case to date.
- The prosecutor and witness(es) will answer any further questions from the jurors and then leave the room.
- The jury will discuss the case and hold a vote. If a majority of the jurors believe that there is adequate evidence for the trial to proceed, they will enter a vote of “True Bill,” meaning that the accusation is sound and the prosecution can proceed.
- If a majority of the jury is not convinced that a crime has been committed, they will return a vote of “No True Bill,” and the prosecution will need to either drop the case or collect additional evidence and try for another indictment.
Do Grand Juries Investigate Crimes Before Issuing an Indictment?
Technically, all cases are “investigated” by the grand jury. During the above process, the question-and-answer sessions with the prosecutor and witnesses are considered investigation, so all Georgia indictments are the result of a “grand jury investigation.” In practice, standing grand juries are usually presented with cases that have adequate evidence, and there is little investigating left to be done.
In some particularly severe, high-profile, or complex cases, a special grand jury, known as an investigative grand jury, can be empaneled. These grand juries are only empaneled to hear one specific case. They usually issue subpoenas, question witnesses, and deliberate for a longer period before they hand down or decline an indictment.
Are Indictments Specific to Individuals?
Yes, indictments are specific to one or more persons, but there is a small caveat: the indictment does not necessarily have to contain any individuals’ names. If a crime is still being investigated, and the identity of the suspects has not yet been determined, an indictment can still be handed down.
In these cases, the grand jury indictment identifies individuals by their actions instead of by name. These indictments are usually brought against “a person or persons of unknown identity, who committed the below offenses, on or around the below dates.” The indictment is specific only to those who committed the offense; it just does not mention them by name.
Why Does There Need to Be an Indictment to Prosecute an Offender?
Trials require a significant expenditure of time and money on the part of the court system, the district attorney’s office, and the defendant. The grand jury and indictment process are in place to ensure two things:
- The court’s and DA’s office’s time and resources are not being wasted on pursuing pointless prosecutions that are unlikely to lead to a conviction.
- Defendants are not being subjected to harassing, unnecessary trials in cases in which the prosecution lacks adequate evidence.
What Happens After an Indictment is Issued?
Once an indictment is issued, or handed down, the prosecution can proceed with a trial (or, in the case of an open indictment, the investigation can continue uninterrupted until an arrest is made and the trial can begin). Typically, the accused is presented with a copy of the indictment, either during their arraignment or via a legal process server. In many cases, the issuance of an indictment is enough to convince a defendant to pursue a plea agreement rather than face a trial.
Have You Been Indicted in Macon, Georgia? Call Bushway Law Firm: 478-621-4995.
Gregory Bushway is a former prosecutor who has successfully served as a criminal defense attorney in Macon, Georgia, since 2013. He knows the state and federal court systems and has helped hundreds of defendants reach successful outcomes for their cases. Tell us about your case today: 478-621-4995
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