Indictment involves the state announcing serious criminal charges against a defendant. Depending on the situation, there may be a pre-indictment process before prosecutors announce specific charges.
Those subject to arrest or under investigation in Texas may not know what to expect during the pre-indictment stage of the criminal justice process. Indictment involves presenting the courts with the specific charges and formally announcing the case against the defendant.
What occurs prior to an indictment?
Prosecutors establish reasons for the charges
The type of offense influences what occurs in the pre-indictment stage of a pending criminal case. The defendant may hear the basic allegations against them in Magistrate court and enter their initial plea. The judge hearing the case may set bond in some cases.
In situations involving felony offenses where the courts don’t set bond, the pre-indictment stage may involve a a transfer to county jail. From there, the state convenes a Grand Jury to determine if there is sufficient evidence to justify a criminal trial. The state has to convince a panel of individuals that criminal charges are appropriate given the circumstances.
In scenarios where a defendant faces misdemeanor charges, a district attorney or prosecutor may present information to a criminal court judge about the alleged offense. The courts may release the defendant on bond while the state reviews the case and communicates with the defense team before the trial.
Defendants need help from the earliest point possible
Individuals hoping to successfully fight criminal charges typically need support as early as possible in the criminal justice process. Those who are under investigation for serious criminal offenses may benefit from retaining an attorney before the state announces an indictment or arrests them.
Those under arrest can invoke their right to remain silent and to secure legal representation. They can then consult with an attorney and determine the best path forward. Those who have assistance throughout the pre-indictment process can avoid mistakes and oversights that frequently put criminal defendants at a disadvantage.
Learning about what happens during criminal cases can help defendants facing drug charges or other serious criminal accusations avoid scenarios in which they implicate themselves or mismanage the process. Those who understand what happens during the pre-indictment stage can make informed choices when responding to the state’s actions.