Finding out you’ve been indicted can feel like the ground just dropped out from under you. However you found out, two questions usually hit at once:
- What is an indictment, exactly?
- What happens to me now?
This guide breaks down what an indictment is in Kentucky, how it’s different from an arrest or citation, what it means when a grand jury returns a “true bill,” and what to expect in the next stages of your case.
Most importantly, we’ll explain why talking to a criminal defense lawyer as early as possible is critical to protecting your future.
What Is an Indictment?
An indictment is a formal written pleading issued by a grand jury—a group of citizens who hear evidence presented by the prosecutor and decide whether there’s probable cause to charge you. It establishes, in their opinion, there is enough evidence to support a charge and represents a shift in your case as it moves to Court.
If enough grand jurors agree, they return what’s called a “true bill”—this is the indictment itself. It lists:
- The charges (for example, Class D felony, burglary, drug possession, etc).
- The statute numbers.
- Basic facts or dates of the alleged conduct.
In Kentucky, felony cases are generally prosecuted in circuit court after a grand jury indictment.
You could:
- Be indicted after an arrest and a district court preliminary hearing
- Be indicted without a prior arrest (for example, in a long-running investigation)
- Learn about it when a warrant is issued after the indictment
What Does It Mean to Be Indicted in Kentucky?
Being indicted means at least
9 out of 12 grand jury members have decided there is enough evidence (probable cause) to move your case forward—but it is
not a conviction.
The grand jury is not deciding if you are guilty beyond a reasonable doubt. They’re only deciding whether there’s enough evidence to
start a felony case against you in circuit court. Usually, an indictment happens in secret and means that a prosecutor has presented enough evidence for a jury to act upon the charge.
Once that happens:
- Your case is formally charged in circuit court.
- An arraignment is scheduled.
- You now face the possibility of felony penalties unless the case is reduced, dismissed, or beaten at trial.
You still have defenses, rights, and options—especially if you get a skilled defense attorney involved early.
What Happens After You’re Indicted in Kentucky?
Once the grand jury returns an indictment, your case moves into a more public phase.
1. Arraignment in Circuit Court: The first major step after indictment is usually an arraignment in circuit court where the judge formally reads or states the charges against you. At the arraignment, bail or conditions of release can be addressed or revisited.
2. Discovery and Investigation: After arraignment, the case moves into discovery and pretrial:
- The prosecutor must turn over police reports, lab results, witness statements, and other evidence they plan to use.
- Your defense attorney analyzes that evidence, investigates weaknesses, and looks for constitutional issues or counter-witnesses before any trial date is set.
3. Pretrial Motions and Hearings: Your lawyer may file motions to challenge the indictment, exclude unreliable or illegal evidence. These motions can drastically change how strong (or weak) the case looks to the prosecutor and the judge.
4. Plea Negotiations: Most criminal cases do not go all the way to trial. Many resolve through some form of plea agreement—sometimes called a plea deal. This can coincide with reduced or dropped charges, alternative sentencing, or diversion options when available. Your defense attorney will explain the pros and cons of any offer and msure you understand long-term consequences of your decision. You should never feel pressured to take a deal you don’t understand.
5. Trial: If no acceptable resolution is reached, your case may proceed to
trial, where a jury (or sometimes a judge) decides whether the state has proved your guilt
beyond a reasonable doubt.
Frequently Asked Questions (FAQs) About Indictments in Kentucky
Q. Can I be indicted without knowing?
A. Yes. In some cases, grand jury proceedings happen
before you’re arrested or while you’re out on bond from district court. You might not know when of if a grand jury meets about your charge.
Q. Can an indictment be dismissed?
A. Yes, in some circumstances, an indictment can sometimes be attacked for
legal defects, constitutional violations, or lack of sufficient evidence where the law allows a challenge. Your lawyer can evaluate whether there are grounds to seek dismissal or suppression of key evidence.
Why You Should Talk to a Criminal Defense Attorney As Soon As You Learn About an Indictment
If you’ve just learned you’ve been indicted, it’s easy to feel like it’s “too late” to get help.
At JPS Law, we treat indictments as a starting point, not the final word. We’ll dig into the facts, investigate the state’s case, and build a strategy tailored to your situation.
If you or a loved one has been indicted in Fayette County or anywhere in Kentucky,
don’t try to navigate it alone.
Contact JPS Law today for a free consultation.
Disclaimer: This blog provides general information and discussion about legal topics and services. The information herein should not be construed as legal advice, and readers should not act upon this information regarding their individual case without seeking professional counsel like that from our team at JPS Law.
