What Does It Mean to Be Indicted?

If you’ve heard the term “indicted” on the news or in legal conversations, you might be wondering what it actually means – and whether it applies to your situation. An indictment is a formal accusation that a person has committed a serious crime or felony. In New York, being indicted is a major step in the criminal justice process and often signals that prosecutors are pursuing felony charges.

At The Law Office of Yifei He, PLLC, we represent individuals facing indictment and prosecution throughout Manhattan and NYC. If you’ve been indicted or think you might be, you need to act fast to protect your rights.

What Is an Indictment?

An indictment is a written statement issued by a grand jury formally charging someone with one or more crimes. This process is generally used for felony-level offenses – such as assault, drug charges, or white collar crimes.

Before an indictment is issued, the prosecutor presents evidence to a grand jury – a group of 16 to 23 citizens – who decide whether there’s enough probable cause to charge the person with a crime. If the jury votes to indict, the case proceeds to arraignment and trial.

Related: Learn more about Major Offenses in NYC

Common Misconceptions About Indictments

Misconception #1: An indictment means the person is guilty.

Reality:
An indictment is not a finding of guilt. It simply means a grand jury believes there’s enough evidence to formally charge someone with a crime. The person still has the right to a fair trial.

Misconception #2: An indictment comes from a judge.

Reality:
An indictment comes from a grand jury, not a judge. The grand jury listens to the prosecutor’s evidence in private and decides whether charges should be filed.

Misconception #3: Indictments happen in every criminal case.

Reality:
Indictments are more common in felony cases or federal court but aren’t required in all jurisdictions.

Misconception #4: The defendant gets to defend themselves at the indictment stage.

The defendant is not present during grand jury proceedings and doesn’t get to present evidence or call witnesses. The process is secret and controlled by the prosecutor. On the other hand, a defendant may have the right to testify at grand jury proceedings with proper notice.

Misconception #5: If someone is indicted, they will definitely go to trial.

Reality:
An indictment is only the beginning. The case may still be dismissed, resolved through a plea deal, or go to trial – it’s not a guarantee of any outcome.

Misconception #6: You can’t be arrested until after you’re indicted.

Reality:
People can be arrested before or without an indictment. Law enforcement can arrest someone with probable cause, and prosecutors may seek an indictment later for formal or elevated charges.

What Happens After an Indictment in New York?

After an indictment, the case proceeds to supreme criminal court where the accused is arraigned and officially enters a plea. This is the point at which your attorney can begin filing motions, negotiating with prosecutors, or preparing for trial.

In some cases, your attorney may seek to dismiss the indictment, suppress certain evidence, or negotiate a plea deal to reduce or eliminate the charges.

If you’ve been indicted in Lower Manhattan, it’s essential to have an experienced criminal defense lawyer to guide you through this high-stakes process.

Should You Be Worried If You’ve Been Indicted?

While an indictment is a serious development, it is not the same as a conviction. It simply means a grand jury found enough evidence for the case to move forward. Many people are indicted but never convicted, especially if they have a strong legal defense.

Still, once indicted, you’re officially facing felony charges and must begin defending yourself. That means hiring an attorney immediately and avoiding contact with investigators or the alleged victim. If you’re facing serious criminal charges and worried about what may come next, read his blog to learn what you should and should not do to protect your rights and have the strongest defense.

Schedule a Free Consultation with a Manhattan Criminal Defense Attorney

Attorney Yifei He has successfully defended clients facing indictment for assault, drug crimes, weapons charges, white collar offenses, and more. Based in Lower Manhattan, we offer discreet, strategic legal defense from the moment you suspect an investigation has begun.

Call 917-338-7678 today or contact us here for a free consultation.