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indictment :: legal definition


Indictment - n. a charge of a felony (serious crime) voted by a Grand Jury based upon a proposed charge, witnesses' testimony and other evidence presented by the public prosecutor (District Attorney). To bring an indictment the Grand Jury will not find guilt, but only the probability that a crime was committed, that the accused person did it and that he/she should be tried. District Attorneys often only introduce key facts sufficient to show the probability, both to save time and to avoid revealing all the evidence. The Fifth Amendment to the U.S. Constitution provides that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury:." However, while grand juries are common in charging federal crimes, many states use grand juries sparingly and use the criminal complaint, followed by a "preliminary hearing" held by a lower court judge or other magistrate, who will determine whether or not the prosecutor has presented sufficient evidence that the accused has committed a felony. If the judge finds there is enough evidence, he/she will order the case sent to the appropriate court for trial.

See also: felony Grand Jury indictable offense preliminary hearing and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
accusation :: n. 1) in legal terms accusation means officially c ... im of wrongdoing by another person.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling.
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket."
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure.
district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence
felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
grand larceny :: n. the crime of theft of another's property (inclu ... f the loot. See also: larceny theft
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney.
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
incriminate :: v. to make a statement in which one admits that he ... d to information which would be so.
indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony
misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
petit jury :: n. old-fashioned name for the jury sitting to hear ... r duties. See also: Grand Jury jury
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment
turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence.
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness
youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent

Popular Law Searches

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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - I

i.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien
illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
impanel :: v. to select and install a jury. See also: impanel ... l a jury. See also: impaneling jury
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract
impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children.
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture