What Does It Mean To Be Indicted in Charlotte, NC

If you or someone you love has been indicted in Charlotte, NC, it means a grand jury has formally accused that person of committing a crime. An indictment doesn’t mean someone is guilty.

Whether you’re watching the news or concerned about a criminal investigation involving you or a loved one, you should know what the term “indicted” means. Being indicted means to be formally charged with a serious crime, which results after a Grand Jury convenes to hear the evidence in the case against you. In many circumstances, indictments are required for federal and state felony charges to move forward.

To learn more about the indictment process and what it means for you or your relative, call a Charlotte criminal lawyer near you at (980) 237-4579.

What Is an Indictment in North Carolina?

Under North Carolina General Statute §15A-641, an “indictment is a written accusation by a grand jury, filed with a superior court, charging a person with the commission of one or more criminal offenses.” The superior court is where all felony charges are tried.

The indictment from the grand jury must include certain information, as instructed by North Carolina General Statute §15A-644:

• The name of the superior court in which the indictment is filed;
• The title of the action;
• Criminal charges pleaded;
• The signature of the prosecutor (but its omission is not a fatal defect); and
• The signature of the foreman or acting foreman of the grand jury attesting the agreement of 12 or more grand jurors.

North Carolina law also distinguishes between indictments, informations, and presentments. An information is a charge filed directly by a prosecutor without a grand jury. It’s often used when a defendant agrees to waive indictment, typically as part of a plea deal. A presentment is initiated by a grand jury but doesn’t result in charges by itself. Instead, it prompts the prosecutor to investigate further and possibly seek an indictment later.

How the Grand Jury Process Works in Charlotte

A grand jury is a group of 12 to 18 people selected by the Superior Court to review evidence in criminal cases. Their role isn’t to decide guilt or innocence but to determine whether probable cause exists to formally accuse someone of a crime.

This process is separate from a trial. Unlike a trial jury, the grand jury only hears from the prosecution. They don’t weigh guilt or punishment; they decide whether a criminal case should proceed.

What Happens During Grand Jury Proceedings?

Grand jury proceedings are confidential. No members of the public, including the accused or their lawyer, are allowed in the room. The prosecutor presents evidence, which may include witness testimony, documents, photographs, or recordings. After the presentation, the grand jury deliberates privately.

A judge oversees the selection of the grand jury and appoints a foreperson and an alternate. The judge also instructs the jury on its role: to review the evidence and decide whether the legal standard of probable cause has been met.

Can the Defendant Participate?

No. The accused and their defense attorney are not allowed to attend or participate in grand jury proceedings. They cannot object to evidence, question witnesses, or offer their side of the story. This lack of participation makes it all the more important to retain a criminal defense attorney as early as possible to explore legal options and mitigate risk.

What Is a True Bill vs. No Bill?

When the grand jury finishes reviewing the case, it votes on each charge. If 12 or more jurors agree there is probable cause, they issue what’s called a True Bill of Indictment. This authorizes the prosecutor to move forward with formal charges in Superior Court.

If fewer than 12 jurors agree, the grand jury returns a No Bill. In that case, the prosecutor cannot proceed on that specific charge, at least for now. If the prosecutor submitted multiple charges, the grand jury may return a True Bill for some and a No Bill for others.

What Happens If the Grand Jury Declines to Indict in NC?

A No Bill doesn’t always end the matter. A prosecutor may return to the grand jury with new evidence or bring forward similar or lesser charges in a future session. In some cases, they may pursue an alternative charging process through a probable cause hearing.

Is an Indictment Always Required?

Most felony cases that go to Superior Court in North Carolina must begin with an indictment. But there are exceptions. A person can also be charged through a bill of information or through a probable cause hearing in District Court.

When Is an Indictment Waived?

If a person is working with prosecutors on a plea agreement, they may agree to waive the indictment. In those cases, the state files a bill of information instead, skipping the grand jury. However, under North Carolina General Statute §15A-642, indictments cannot be waived in capital cases or when the defendant doesn’t have legal counsel.

What Is a Probable Cause Hearing?

In District Court, a prosecutor can request a probable cause hearing to establish whether there’s enough evidence to proceed. If the judge finds probable cause, the case is “bound over” to Superior Court for trial. This process bypasses the need for a grand jury indictment. It’s often used when an indictment isn’t practical or when law enforcement wants to move quickly.

Can You Be Indicted Before You’re Arrested?

Yes. Sometimes an indictment happens before police make an arrest. Other times, someone may be arrested first and then indicted later to formally bring felony charges. It depends on how the case is investigated and how quickly the prosecution wants to act.

If you’re being investigated for a crime, it’s possible that law enforcement and prosecutors are already gathering evidence behind the scenes. You may not receive any formal notice before being indicted. That’s why it’s critical to speak with a criminal defense lawyer as soon as you suspect trouble.

What Should You Do If You Think You’re Under Investigation?

Don’t wait. A defense attorney may be able to communicate with prosecutors before the case reaches a grand jury. In some cases, this can lead to reduced charges, a negotiated resolution, or even prevent an indictment altogether. The sooner you have legal representation, the more options you’ll have to protect yourself.

What to Do If You’ve Been Indicted in Charlotte

Being indicted is not the same as being convicted. It doesn’t mean the state has proven anything. It only means a group of jurors found there was enough evidence to accuse you of a crime. From this point forward, you have the right to build a defense. A Charlotte criminal defense lawyer can help by:

• Reviewing the indictment and evidence
• Identifying constitutional violations or procedural errors
• Filing motions to suppress unlawfully obtained evidence
• Negotiating with prosecutors when appropriate
• Preparing your case for trial, if necessary

The indictment is just the beginning. With the right legal help, it’s possible to challenge the charges and fight for a better outcome.

Have You Been Indicted for a Felony in North Carolina?

You may not be arrested before an indictment. Sometimes, a person is arrested for an offense, and then a prosecutor pursues felony charges through an indictment, plea agreement, or probable cause hearing. Other times, prosecutors and law enforcement agencies conduct thorough investigations and seek a grand jury indictment before making an arrest.

You should contact an experienced Charlotte defense attorney as soon you’re aware of an investigation or have been arrested. There are ways to fight an indictment, and if you are indicted, you can aggressively defend yourself against the felony charges.

You can reach Randall Law, Criminal Defense Attorneys through our online form or call (980) 237-4579. We offer initial case evaluations.