Facing a criminal indictment in Maryland is a serious legal matter that can dramatically alter the course of your life. Whether you’ve already been indicted or fear one may be coming, understanding the process and your rights is essential to protecting your future.
What Is a Criminal Indictment?
A criminal indictment is a formal accusation issued by a grand jury stating there is enough evidence to charge someone with a felony offense. Unlike a criminal complaint filed by a prosecutor or law enforcement, an indictment requires review by a group of citizens who determine whether there’s probable cause to proceed to trial.
In Maryland, indictments are typically used for more serious crimes—especially those involving:
- Homicide or attempted murder
- Drug trafficking or distribution
- Robbery and burglary
- Sex crimes
- White-collar crimes like fraud or embezzlement
Indictment vs. Information: What’s the Difference?
Maryland law allows prosecutors to charge someone either through an indictment by a grand jury or by filing an information, which is a formal charging document submitted by the State’s Attorney. However, some jurisdictions—particularly in Southern Maryland (including Charles, Prince George’s, Calvert, and St. Mary’s Counties)—may prefer indictment for strategic or procedural reasons.
How the Grand Jury Process Works
A grand jury is made up of 23 citizens who hear evidence presented by the State’s Attorney. This process is done in secret, and the defendant typically is not present or allowed to present a defense at this stage. If at least 12 jurors believe there’s probable cause, they issue a “true bill,” which becomes the indictment.
You may not even know an investigation is underway until you’re served with a summons or arrest warrant stemming from the indictment.
What Happens After an Indictment?
If you are indicted in Maryland, the court process may proceed quickly. Here’s what to expect:
- Arraignment – You’ll be formally notified of the charges and told to obtain a lawyer.
- Discovery Phase – Your attorney gains access to the prosecution’s evidence.
- Pretrial Motions – Legal challenges to evidence, procedures, or even the indictment itself.
- Trial or Plea Negotiations – The case may proceed to trial unless resolved earlier.
Being indicted does not mean you’re guilty. It simply means a grand jury found enough evidence to let the case proceed.
Can an Indictment Be Challenged?
Yes. A skilled Southern Maryland criminal lawyer can file a motion to dismiss an indictment based on:
- Insufficient evidence
- Prosecutorial misconduct
- Violation of grand jury secrecy rules
- Improper legal instructions given to the grand jury
Timing is critical. An early and aggressive legal defense can make a difference in the outcome of your case.
Indictments in Federal vs. State Court
It’s important to distinguish between state indictments (under Maryland law) and federal indictments (under U.S. law). If your case involves interstate crimes, large-scale drug operations, or federal agencies like the FBI or DEA, you may be facing federal prosecution, which comes with different sentencing guidelines and procedures.
Take Action Early
If you suspect you’re under investigation—or if you’ve been indicted—do not wait to get legal counsel. Early representation gives your defense team more time to investigate, challenge evidence, and prepare for the legal battle ahead.
Charged After a Criminal Indictment in Southern Maryland?
At Southern Maryland Criminal Defense, we represent individuals throughout Charles, Prince George’s, Calvert, and St. Mary’s Counties who are facing serious charges. We know how prosecutors build their case—and how to tear it down.
📞 Call today for a confidential consultation: Schedule Now
