What Happens After A Felony Indictment?

After a felony indictment, a series of legal and procedural events will unfold. 

Keep in mind that the specific process may vary depending on the jurisdiction.

But here’s what usually happens after a felony indictment:

• The Grand Jury Process: Before the indictment, a grand jury, which is a group of citizens, reviews evidence presented by a prosecutor to determine if there’s enough evidence for a trial. If the grand jury believes there is enough evidence to show that a crime has been committed and that the accused person committed it, they will issue an indictment.
• Arrest or Summons: If the defendant is not already in custody, the issuance of an indictment may lead to their arrest. Alternatively, a summons may be issued to notify the defendant of the charges and inform them of the need to appear in court.
• Initial Appearance/Arraignment: The defendant will be brought before a judge for an initial appearance or arraignment. At this hearing, the charges will be read aloud, and the defendant will be informed of their rights. Typically, the defendant will also enter a plea at this stage, usually “guilty,” “not guilty,” or “no contest.”
• Bail Determination: The judge may set bail conditions to ensure that the defendant appears in court for future proceedings. The judge will consider factors like the severity of the crime, the defendant’s previous criminal record, and any flight risk.
• Discovery: Both the prosecution and the defense will gather evidence for their case. The prosecution is generally required to share their evidence with the defense, which allows both sides to prepare for trial.
• Pre-Trial Motions: Either side may file motions to request certain actions from the judge. This could include requests to suppress evidence, dismiss charges, or change the venue of the trial.
• Plea Bargaining: In many cases, the defendant and prosecution may reach a plea agreement, which can result in a guilty plea to a lesser charge or an agreement on a specific sentence. If an agreement is reached, a trial may be avoided.
• Trial: If no plea agreement is reached, the case will proceed to trial. Here, both sides will present evidence, call witnesses, and make arguments. A jury (or sometimes a judge in a bench trial) will determine the defendant’s guilt or innocence.
• Verdict: At the conclusion of the trial, the jury will deliver a verdict. If the defendant is found not guilty, they are released, and the case ends. If found guilty, the case moves to sentencing.
• Sentencing: If the defendant is convicted, the judge will determine the appropriate punishment. This could include fines, probation, community service, or incarceration, depending on the crime and circumstances.
• Appeals: If the defendant believes there was a legal error during the trial, they may have the right to appeal the conviction or sentence to a higher court.

Read More: Indictments vs Arrests