Most people never expect to hear the words “You’ve been indicted.” But in California, especially in complex or high-profile criminal cases, grand jury indictments are more common than many realize. An indictment does not mean you are guilty—but it does mean prosecutors believe they have enough evidence to move forward. What happens next can shape everything that follows.
At Simmons Wagner, LLP, we guide clients through every stage after a grand jury decision, from responding to charges to preparing an early, strategic defense. Knowing what an indictment actually means can help you take the right first steps instead of reacting in fear.
How a Grand Jury Works (and Why Prosecutors Use It)
Unlike a typical courtroom hearing, grand jury proceedings happen behind closed doors. The prosecutor presents evidence and testimony, but the defense cannot participate or challenge the narrative. Because the standard is only probable cause—not proof beyond a reasonable doubt—an indictment is relatively easy for the state to secure.
Prosecutors often choose the grand jury route when:
- A case is politically sensitive or high-visibility
- The evidence is complex, such as in fraud or conspiracy investigations
- They want witnesses to testify in secret
- They believe a judge may not approve charges through a standard complaint
Understanding why the grand jury was used can reveal a lot about the prosecution’s strategy.
What an Indictment Means for You
An indictment is not a conviction. It simply means the grand jury believes there may be evidence of a crime. Once indicted, you will move into the formal criminal process, which may include:
- An arraignment
- Bail or release hearings
- Discovery of evidence
- Negotiations with prosecutors
- Trial preparation
This is the stage when having legal representation becomes critical. Anything said or done now can affect negotiations, bail, and potential defenses later.
Why Early Defense Work Matters
Because your attorney was not allowed in the grand jury room, the defense starts slightly behind the prosecution. That makes early action essential.
A skilled criminal defense lawyer at Simmons Wagner, LLP can immediately begin:
- Reviewing the evidence the grand jury relied on
- Identifying weaknesses or inconsistencies
- Filing motions to suppress illegally obtained evidence
- Challenging improper grand jury procedures
- Opening negotiation channels before the prosecution becomes entrenched
In some cases, strong early advocacy can even lead to reduced charges—or a dismissal before trial.
Common Issues That Could Undermine an Indictment
Grand jury decisions are not untouchable. Your attorney may be able to challenge the indictment if:
- The prosecutor withheld important exculpatory information
- False testimony or unreliable witnesses were used
- Evidence was obtained illegally
- The instructions to the grand jury were misleading
- The case presented did not actually meet the probable cause standard
Any of these flaws can become powerful leverage in building a defense.
Your Next Move Matters
An indictment can feel overwhelming, but it does not define the outcome of your case. What you do next—and how quickly you act—can significantly change the trajectory.
If you or someone you love has been indicted or believes an indictment is coming, reach out to Simmons Wagner, LLP at (949) 439-5857 for immediate guidance. Early, strategic legal intervention often makes the biggest difference in protecting your future.