What is an indictment?
An indictment is a written document issued by a grand jury that accuses a person of a criminal act or omission. A grand jury is a group of citizens – appointed for a limited term as representatives of the county population – that meets to evaluate the State’s initial evidence and to determine if probable cause exists to prosecute someone generally for a felony offense. The Grand Jury does not determine a citizen’s guilt or innocence but rather whether it is possible a crime took place.
An “indictment” is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense. At a felony criminal trial, the indictment is read to the jury by the prosecuting attorney instead of an information. No person shall be held to answer for a felony unless on indictment of a grand jury. (See Article I, Sec. 10, Texas State Constitution, and Amendment V, U.S. Constitution.).