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A criminal indictment formally accuses someone of violating criminal law and is typically handed down by a grand jury. It spells out the crime committed and names an accused suspect. Before an indictment can be issued, criminal investigators must gather evidence and find potential suspects. Being indicted doesn’t mean someone has committed a crime, just that there is enough evidence to bring them to trial.
A criminal indictment is a written document that formally accuses someone of violating criminal law. In some countries, prosecution is required before someone can be tried, while in other regions, there may be other ways to bring people to trial, depending on the structure of the justice system. Indictments are typically handed down by a grand jury, a group of individuals who meet to confirm that a crime has occurred and to identify a likely suspect, with the assistance of introductions from people such as government lawyers.
In an indictment, the document formally spells out the crime committed and gives a brief description of the nature of the crime and details, naming an accused suspect. If someone has been indicted for committing multiple felonies, the criminal indictment will include a separate “count-down” for each felony. For example, someone could be indicted on one kidnapping charge and one murder charge if he or she is believed to have kidnapped and killed someone.
Indictment is an important step in the judicial process. Before an indictment can be issued, criminal investigators must explore the crime, gather evidence, find potential suspects, and conduct general detective work with the goal of building a solid case. With this information in hand, a government attorney can go to a grand jury and request a criminal indictment so that someone can be tried in court for the crime.
In some cases, an attorney may request that the grand jury proceedings and subsequent indictment be sealed. This is done when there is a concern for the safety of grand jury people, people who may present evidence, and other members of the community, or when there is a fear that the accused person might flee before formal indictment can be released. In these cases, the seal is lifted once the defendant has been arrested and brought to trial. If the defendant cannot be arrested, the indictment will remain sealed and the case will be kept open in the hope that the suspect may one day be tried in court.
Many legal systems are based on the premise that people are presumed innocent. An indictment is a formal charge, but it is not a verdict. Being indicted doesn’t mean that someone has committed a crime, it just means that there is evidence that appears to indicate that someone has committed a crime and that the government believes there is enough evidence to bring the defendant to trial.
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