Unindicted can either mean that your case has not yet been presented to the grand jury or it can mean that your case was turned down by the grand jury (this is formally known as a "No Bill"). Once your case is presented to the grand jury, they can either "True Bill" (Indict) the case or "No Bill" (a determination that there is not probable cause to believe you committed the offense(s) ). If you are indicted, your case will then go before a judge for you to enter your plea to the charges (guilty/not guilty). Then the case will proceed to motions and trial until it is resolved. If the grand jury "no bills" your case, the prosecutor can represent the case with additional evidence or to another grand jury. Upon the case being "no billed" twice, the case is deemed dismissed.
You really should not wait until you are indicted to retain counsel. Most cases are indicted by the grand jury for three reasons. First, the burden of proof is very low at these proceedings. The grand jury only determines whether there is probable cause. This is the same burden that the magistrate used to issue the original warrant against you. Therefore, there is most likely going to be a similar determination by the grand jury. Second, the grand jury does not have to unanimously agree to "true bill" a case. If my memory serves me correctly, it only takes 12 out of 23 of the grand jurors to agree to "true bill" the case. Finally, no defense evidence is presented to the grand jury. The State merely goes in with a witness and summarily presents all of the evidence they have against you. It is not like a trial where you get to attack that evidence or present you own evidence. Therefore, nearly all the cases heard by the grand jury are indicted. You need to go ahead and retain counsel to start working on your defense now. If I can be of assistance, please call.
Allen R. (Rusty) Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
(678) 334-1399
"Unindicted" means your case is waiting to be indicted or accused. It doesn't mean that the case is done AT ALL. All felony cases start off as unindicted. If you are smart, you'll get an attorney to help you with the case while it's still unindicted - BEFORE it gets indicted or accused.
Regards,
M. Jason Rhoades
John Arnold SteakleyCriminal Defense AttorneyMarietta, GA ·
"Unindicted" means you haven't been indicted by a Grand Jury -- yet. You may still be, you just haven't been yet. Once you are indicted, you don't get UNindicted.