Initiating Criminal Charges - Explained
Bringing charges against a defendant
Written by J. Mance Gordon
Updated at April 21st, 2024
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How does the government initiate criminal charges?
If criminal conduct constitutes a misdemeanor, the prosecutor will file a document called an information with the court. This document attests that there is sufficient evidence to bring charges against the defendant. If the alleged criminal conduct constitutes a felony, the prosecutor must submit the case to a grand jury to seek an indictment.
What is a grand jury?
A grand jury is a group of citizens chosen at random to serve this judicial function.
The grand jury must consist of at least 16 citizens who live in the courts jurisdiction.
The grand jury will hear evidence and vote on whether to send a case to trial.
What is an Indictment?
To issue an indictment, a majority of the grand jury must vote that a crime has been committed and that there is sufficient evidence to warrant the accused standing trial.
The grand jury does not determine guilty or innocence; rather, it determines whether probable cause exists to believe the accused committed the alleged crime.
The grand jury has broad investigatory power, such as the authority to subpoena business records or witnesses to testify.
Grand jury proceedings are kept confidential to protect the accused. To issue an indictment, the court will issue a true bill. If the grand jury declines to indict, it will issue a no true bill.
If an indictment is issued, the indicted person is still presumed to be innocent until convicted by a court of law.
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