In New York, an indictment is a formal felony charge.Here’s how it works generally: After a prosecutor studies information from investigators in a case, a prosecutor decides whether to present the case to an impartial group of citizens called a grand jury, according to the U.S.
Department of Justice. Witnesses can be called to testify, evidence is shown to the grand jury, and an outline of the case is presented to the grand jury members.
After listening to the prosecutor and witnesses, the grand jury then votes in secret on whether they believe that enough evidence exists to charge the person with a crime, the DOJ states. "A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.
All proceedings and statements made before a grand jury are sealed, meaning that only the people in the room have knowledge about who said what about whom," the DOJ’s website reads.