What Does It Mean to Receive a True Bill Indictment?

A ‘true bill’ is a significant term in the American legal system, representing a formal decision that moves a criminal case toward a potential trial. It is essential for understanding how criminal charges are formally brought against an individual.

Defining True Bill

A true bill is a formal declaration by a grand jury, signifying sufficient evidence to bring criminal charges against a person. It means the grand jury has found “probable cause” to believe a crime was committed and that the accused person committed it. This finding is not a determination of guilt or innocence, but an assessment that the prosecution has presented enough evidence to justify moving the case to a trial phase. The term “true bill” is often used interchangeably with “indictment,” as a true bill is the grand jury’s endorsement of the proposed indictment.

Historically, the concept of a grand jury and the ‘true bill’ originated in England during the Middle Ages, serving as a safeguard against overzealous prosecution. The practice spread to the United States as part of the common law system.

The Grand Jury’s Role

A grand jury is a group of citizens selected from the community to review evidence in potential criminal cases. Their primary function is to determine if there is enough evidence to establish probable cause for a criminal charge. Prosecutors present evidence to the grand jury, which may include witness testimony and physical evidence. The grand jury proceedings are held in private, and the person under investigation or their attorney is generally not present.

After reviewing the evidence, the grand jury deliberates and votes on whether to issue a true bill. If a majority of the grand jurors agree that probable cause exists, they issue a true bill. Conversely, if the grand jury finds insufficient evidence to support the charges, they issue a “no bill” or “no true bill,” which means the charges are dismissed and the case does not proceed to trial. This process acts as a check, ensuring that only cases with a reasonable basis move forward in the justice system.

Consequences of a True Bill

The issuance of a true bill marks a significant turning point in a criminal case, formally initiating criminal proceedings. Once a true bill is returned, the accused is formally indicted, and the case transitions from the investigative to the trial phase. The specific charges against the individual are outlined in the indictment.

Following the indictment, the next step is an arraignment. During the arraignment, the defendant is formally presented with the charges in open court and is asked to enter a plea, guilty or not guilty. This proceeding also informs the defendant of their constitutional rights, including the right to an attorney. After the arraignment, both sides engage in discovery, exchanging information and evidence as they prepare for a potential trial.