In Ohio, being indicted means a grand jury has issued a formal accusation that you may have committed a crime. An indictment does not mean you are guilty – it simply indicates that at least seven out of nine grand jurors believe there is enough evidence to move your case to trial. This is a procedural step in the criminal justice system that applies primarily to felony-level offenses and allows the case to proceed to arraignment, where you will be informed of formal charges and enter a plea.
Crime television shows like Law and Order, NCIS, Criminal Minds, and Perry Mason often make it seem as though criminal cases move quickly from arrest to courtroom drama. In reality, the criminal justice process is far more complex and time-consuming. One of the most misunderstood steps in this process is the indictment.
While these shows are not realistic portrayals of criminal defense work, they do often use correct legal terminology, including the meaning of an indictment.
If you or a loved one is facing this situation, our experienced legal professionals at the Fortress Law Group in Willoughby, OH, will walk you through everything you need to know about what an indictment means, whether or not you should hire a criminal defense attorney, and what happens next.
What Does Indictment Mean?
Black’s Law Dictionary defines an indictment as: “A written accusation of one or more persons of a crime or misdemeanor, presented to, and preferred upon
oath or affirmation, by a grand jury legally convoked.”
In simpler terms, an indictment is a formal accusation that a person may have committed a crime. This does not indicate that the individual is guilty. Instead, it means a grand jury believes there is enough evidence to move the case to trial.
An indictment is simply a procedural step in the criminal justice system, not a verdict.
Indictments most commonly apply to felony-level offenses. Federal criminal cases always require an indictment. While many states allow prosecutors to file felony charges without one, states like Ohio, Texas, Massachusetts, and New York still use the grand jury indictment process for felony cases.
Criminal Charges vs. Indictments in Ohio
Not all criminal cases follow the same road.
Criminal Charges Filed by a Prosecutor
For misdemeanors and lower-level felonies, a prosecutor can file a criminal complaint directly. These cases usually start in municipal court where a preliminary hearing is held.
At this hearing, the prosecutor must show enough evidence to establish probable cause. If the court finds probable cause, the case is bound over to the county Court of Common Pleas.
In Lake County, Ohio, felony cases from local municipal courts are transferred to the Lake County Court of Common Pleas in Painesville, Ohio.
The accused has no right to have counsel present in the grand jury room
This process happens outside of public court and before a trial ever begins.
How the Grand Jury Process Works in Ohio
In Ohio, a grand jury typically consists of nine members of the community, selected from voter registration and driver’s license/state ID lists.
To issue an indictment:
At least seven of the nine jurors must vote to indict.
If fewer than seven jurors agree, the grand jury issues a “no bill.”
A “no bill” means the case is not formally charged at that time, although the prosecutor may attempt to bring the case again in the future.
The people usually present in the grand jury room are:
The jurors
The prosecutor
A court reporter
The witness currently testifying
The accused person is generally not present unless called as a witness.
Do I Need a Criminal Defense Lawyer If I Get Indicted?
Yes. If you are indicted, you should speak with a criminal defense attorney immediately.
Once an indictment is issued:
The case moves to an arraignment
You will be informed of the formal charges
You will enter a plea (guilty or not guilty)
The judge will set bond and court dates
This is not a stage you should handle alone. A criminal defense lawyer can:
Review the evidence
Identify legal weaknesses in the case
Protect your rights during questioning
Advise you on plea options and trial strategy
If you have not already hired a lawyer, the court may appoint one.
What Happens After an Indictment?
After indictment, the criminal process usually follows these steps:
Arraignment hearing
Bail or bond determination
Pre-trial motions and hearings
Trial, plea agreement, or dismissal
At this stage, both the prosecution and defense begin preparing witnesses, gathering evidence, and building their case.
Will I Go to Jail After Being Indicted?
Not always. Whether you stay detained is determined by several key factors, including:
Your criminal history
Your ties to the community
Your perceived flight risk
The seriousness of the charges
A bond hearing will determine whether you may be released while your case is pending.
Criminal Defense Lawyers Answer Your Burning Questions
Indictments can be tricky to understand, but you must know what you’re doing. Read on as our legal community at the Fortress Law Group answers some frequent questions about indictments.
How Is an Indictment Different From a Guilty Verdict?
An indictment does not mean you are guilty. It only means the grand jury believes there is enough evidence to justify moving the case forward. Guilt can only be determined later by a trial jury or judge after hearing the full case.
What Should I Look for When Finding a Criminal Defense Attorney Near Me?
In-depth knowledge surrounding the relevant legal matters
Appropriate time to handle your case with care
A Criminal Defense Lawyer Near You in Cleveland, OH: Fortress Law Office
Indictments are only one specific part of the entire trial process. Hiring a criminal defense attorney after your indictment can protect your rights and adequately prepare you for each step of the upcoming process.
Your future is in your hands, so contact our team at the Fortress Law Office today if you’re searching for a criminal defense lawyer in the Greater Cleveland area. We will go over the details of your case, discuss your options, and work toward finding the most suitable outcome for your situation. Please call us at (440) 340-1740 or complete our online form for a case evaluation.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Matthew C. Bangerter, Esq., is the lead attorney and owner of Fortress Law Group, LLC, where he focuses on criminal defense, OVI/DUI, and appellate matters. Licensed in Ohio since 2007, he represents clients in Willoughby and Cleveland. A graduate of The University of Akron School of Law, Mr. Bangerter combines 18 years of courtroom experience with advanced scientific training to analyze complex evidence. He has been recognized as a Super Lawyers Rising Star from 2014 to 2017 and remains active in state and local bar associations.
