An indictment is a formal accusation, not a conviction, that is used by prosecutors in federal or state court to initiate a criminal case. The first step in bringing a case before a jury is to secure an indictment.
A grand jury, consisting of citizens selected at random, evaluates the evidence presented by prosecutors and determines whether it is sufficient to charge an individual with a crime. These juries are typically convened for several weeks and can hear evidence in multiple cases. The grand jury process is non-adversarial, and the judge is absent while the jurors question witnesses.
The grand jury does not hear testimony from the defense or the individual accused, which can lead defense attorneys to criticize the impartiality of indictments.
Unlike criminal trials, grand juries require only a simple majority to issue an indictment.
The specific charges against an individual remain sealed until a formal arraignment. The exact charges against former President Trump are currently unknown, though he is expected to surrender to authorities in Miami on Tuesday. After the indictment is unsealed, evidence will be shared between prosecutors and defense attorneys, who may request dismissal on legal grounds.
A trial may not be scheduled for several months, as both sides will most likely debate the case’s merits and evidence that can be presented.
