Indictment

An indictment is a formal accusation that a person committed a serious crime, issued by a grand jury rather than a prosecutor alone. It means a panel of citizens reviewed evidence in secret and decided there was enough reason to charge you. An indictment does not mean you are guilty — it means the case is officially moving forward and you are now a defendant in a felony prosecution.

How Indictments Work in California

In California, felony prosecutions can begin in one of two ways: by a complaint followed by a preliminary hearing, or by a grand jury indictment under Penal Code §§ 917 and 940. While most California felonies start with a complaint, prosecutors sometimes choose the grand jury route — especially for sensitive, complex, or politically charged cases. When 12 or more grand jurors vote in favor, the result is a “true bill,” and the indictment is filed in Superior Court.

Once an indictment is filed, the case proceeds quickly. The defendant is arraigned on the indictment in Superior Court, generally without a preliminary hearing because the grand jury has already determined that probable cause exists. From that point forward, the case follows the standard California felony trial track: discovery, pretrial motions, plea negotiations, and ultimately trial or resolution. Speedy trial deadlines under Penal Code § 1382 begin running, generally requiring trial within 60 days of arraignment unless the defendant waives time.

California indictments must comply with strict statutory requirements. The indictment must clearly state each count, the specific California Penal Code section allegedly violated, the date and location, and any sentencing enhancements such as gun use, gang allegations, or great bodily injury. Defective indictments — those that fail to give fair notice or charge offenses without sufficient evidentiary support — can be challenged through a Penal Code § 995 motion to set aside the indictment.

Federal indictments operate under a different system. Under the Fifth Amendment to the U.S. Constitution, all federal felony cases must be charged by indictment (unless the defendant waives that right), and federal grand juries operate under the Federal Rules of Criminal Procedure. For Californians facing federal charges in the Central District of California or elsewhere, the indictment is almost always the formal start of the criminal case, and the rules and stakes are very different from state court.

Why an Indictment Matters to Your Defense

An indictment is intimidating, but it is not unbeatable. Because the grand jury hears only one side of the story, the proceedings are vulnerable to attack. A skilled criminal defense attorney examines the grand jury transcripts for legal errors, improper instructions, hearsay problems, prosecutorial misconduct, and — critically — failure to present exculpatory evidence as required by Penal Code § 939.71. Each of these can support a motion to dismiss the indictment under Penal Code § 995.

Even when the indictment survives early challenges, it shapes everything that comes next. Knowing exactly what the prosecution presented to the grand jury gives the defense a roadmap to the government’s theory and witnesses. That insight is gold for cross-examination, motions in limine, and trial strategy. Defense lawyers who treat the grand jury transcript as a discovery document — not just a procedural record — often uncover decisive weaknesses in the case.

There is also strategic value in moving fast. Some indictments can be challenged through pretrial writ petitions to the Court of Appeal under Penal Code § 999a, especially when the trial court denies a § 995 motion. A timely writ can stop a defective prosecution before trial, sparing a client the expense, anxiety, and risk of facing a felony jury on charges that should not have been filed in the first place.

Related Legal Terms

An indictment is closely linked to grand jury procedure, the issuance of a target letter, the meaning of a true bill, and the alternative California path through a preliminary hearing on a complaint. Defending against an indictment is a core part of our federal defense and white collar crime practice, where these concepts arise in nearly every case.

Facing Charges Where This Applies?

If you have just learned that you have been indicted — in state or federal court — every day matters. Attorney Chris Nalchadjian provides free, confidential consultations 24/7 and has experience defending indicted clients throughout Greater Los Angeles. Call KN Law Firm at (888) 950-0011 today.