Can You Be Indicted Without Evidence?
No, you cannot be legally indicted without evidence. An indictment requires probable cause, meaning there must be some level of evidence supporting the charges.
How Indictments Work
- A grand jury reviews evidence presented by the prosecution to determine if there is probable cause for a trial.
- The standard of proof is lower than in a trial; the prosecution only needs to show sufficient evidence to proceed, not prove guilt beyond a reasonable doubt.
- The defense does not present evidence during the indictment process, making it easier for prosecutors to secure indictments.
When an Indictment Might Seem Unjustified
- Weak or Circumstantial Evidence – While minimal evidence is required, a weak case can still lead to indictment.
- Grand Jury Bias – Since only the prosecution presents evidence, indictments are often easier to obtain.
- False Testimonies or Misleading Evidence – If misleading or incomplete evidence is presented, an indictment may still occur.
Bottom Line
You cannot be indicted without evidence, but the evidence required is minimal—just enough to establish probable cause, not prove guilt.
