If you’ve been listening to the news lately, you’ve more than likely heard about the indictment of Donald Trump. This is quite literally unprecedented, as no former president in the history of the United States has ever been indicted on criminal charges before. The unique nature of this case has many people wondering what exactly the procedure is, maybe even asking what an indictment means in the first place.
There are two ways someone can be charged with a crime. The first is something called an information. An information, also known as a criminal complaint, is typically filed by the prosecuting attorney and describes the factual basis for the charges presented. An indictment, on the other hand, involves a grand jury.
Procedure for indictment proceedings will vary depending on jurisdiction but generally, the prosecutor will present evidence and witness testimony to the grand jury. The grand jury will then deliberate and decide if there is an adequate basis for bringing charges against the suspect. If they decide that there is sufficient evidence, the grand jury will return what is called a “true bill,” which is then used to initiate prosecution. If the grand jury is not convinced, they will instead return a “no bill”, meaning the prosecutor must decide to either drop the case or file an information.
The contents of the “true bill” itself, again, vary by jurisdiction. However, there generally must be four elements. First, there must be a plain, concise written statement of the essential facts for the offense charged. Second, the suspect’s identity must be described. Third, there must be a citation of the statute or regulation that was allegedly violated. Fourth and finally, a government attorney must sign the document.
Some states require that certain offenses be charged exclusively via indictment, while other states permit prosecutors to primarily file an information. In Florida, there is a bit of a mix. Under Florida Rule of Criminal Procedure 3.140, prosecution for capital cases can only be initiated by indictment. For all other crimes, the prosecution has the option to pursue an indictment or file an information. When a defendant has been indicted or otherwise charged with a crime, he or she is also entitled to be furnished with a copy of the indictment or information at least 24 hours before being required to plead to the charges.
One common misconception about indictments is that the grand jury decides whether or not the defendant is guilty. That is not at all the case. The grand jury’s sole job is to determine if there is probable cause to believe both that a crime was committed and the subject of the indictment was the person to commit said crime. Probable cause is the standard used by law enforcement officers to make an arrest. Determining guilt, in contrast, utilizes a “beyond a reasonable doubt” standard and can only done by a judge or jury at a later trial. In the case of Donald Trump, all the indictment says is essentially that “there is enough probable cause to take this case a step further toward a trial.”
If you have been indicted for a crime, whether it is a misdemeanor or a felony, there are important next steps for you to take to ensure your pretrial hearing goes smoothly. An experienced criminal defense lawyer can take an objective look at your case and provide you with well-informed options. Call Hendry & Parker, P.A. in Dunedin, at (727) 205-5555 today for a free consultation.