True Bill of Indictment: What It Means and What Happens Next

What Is a True Bill of Indictment?

A true bill of indictment is a formal written finding by a grand jury that sufficient evidence exists to charge a person with a crime. So what is a true bill of indictment in practical terms? It means a group of citizens reviewed the prosecution's evidence and agreed that the case should move forward to trial.

The true bill of indictment meaning traces back centuries. Grand jurors historically wrote the words "A True Bill" on the back of the proposed indictment to endorse it. If the grand jury found the evidence lacking, it returned a "no bill" – sometimes called an "ignoramus," a Latin term meaning "we do not know." A no bill meant the grand jury declined to indict.

The standard a grand jury applies is probable cause. This is a much lower bar than the "beyond a reasonable doubt" standard used at trial. The grand jury only decides whether enough evidence exists to justify formal charges – not whether the accused is guilty.

The Fifth Amendment to the U.S. Constitution requires a grand jury indictment for federal felony cases. Mississippi has a parallel requirement. Mississippi’s criminal law statutes treat a felony as a charge brought by indictment of the grand jury. A misdemeanor may instead proceed by affidavit, indictment or information.

How a Grand Jury Issues a True Bill

The grand jury true bill process follows a specific sequence. Understanding each step helps explain why most cases presented to a grand jury result in an indictment.

First, the prosecutor presents evidence to the grand jury in secret proceedings. This may include witness testimony, documents, physical evidence, and law enforcement reports. The accused and defense counsel are generally not present during these proceedings. Grand jury secrecy is a fundamental feature of the process.

Second, the grand jurors deliberate privately after hearing the evidence. No judge presides over their discussions. The jurors decide among themselves whether probable cause exists to charge the accused.

Third, a vote is taken. Under Mississippi law, twelve grand jurors must concur to find an indictment. Mississippi law also requires that at least fifteen grand jurors be present during all deliberations.

If twelve or more jurors agree, the foreperson endorses the indictment as "A True Bill" and signs it. The foreperson or a designated member of the jury then presents all indictments to the clerk of the circuit court. The foreperson must also provide an affidavit confirming that twelve or more members concurred and that at least fifteen jurors were present during deliberations.

Because grand jury proceedings are one-sided – the defense typically does not present evidence or cross-examine witnesses – the probable cause bar is relatively low. Most cases presented by prosecutors result in true bills.

True Bill vs. No Bill: Key Differences

A grand jury has two possible outcomes. A true bill means formal charges proceed and the case moves toward trial. A no bill means the grand jury declined to indict and the case is dismissed at that stage.

However, a no bill is not the same as an acquittal. It does not trigger double jeopardy protections. Prosecutors may sometimes re-present evidence to a future grand jury, particularly if new evidence surfaces or if the original presentation had gaps.

True bills are far more common than no bills. The prosecution controls which evidence the grand jury sees, and the standard is only probable cause – not proof beyond a reasonable doubt. Defense attorneys are generally excluded from the proceedings. This one-sided structure means grand juries indict in the vast majority of cases presented to them.

For the accused, the practical difference is significant. A true bill sets the criminal case in motion. A no bill halts it – at least temporarily.

What Happens After a True Bill Indictment

Many people ask what happens after a true bill indictment. The answer involves several procedural steps, each with important consequences for the defendant.

Arrest warrant. If the defendant is not already in custody, a warrant issues immediately. Under Mississippi law, a warrant for the person indicted shall immediately issue and be served on the person so indicted. After arrest and before arraignment, a copy of the indictment must be served on the defendant.

Arraignment. The defendant appears before the circuit court judge, is formally advised of the charges, and enters a plea – typically not guilty at this stage. Under Mississippi law, a defendant represented by counsel may elect to appear before the judge between court terms to be arraigned and plead guilty. If a defendant stands mute or refuses to plead, the court enters a plea of not guilty.

Bond and bail determination. The court reviews or sets bond conditions. Defendants already on bond may have their conditions reviewed based on the formal charges.

Discovery exchange. The prosecution and defense exchange evidence. This is when defense counsel first reviews the state's case in detail – including witness statements, physical evidence, and expert reports.

Pretrial motions. Defense attorneys may file motions to suppress evidence, motions to dismiss, or motions in limine to exclude certain evidence at trial.

Plea negotiations. The prosecution and defense may negotiate a plea agreement. Many felony cases resolve through negotiation rather than trial.

Trial. If no plea agreement is reached, the case proceeds to trial. Under Mississippi law, all offenses for which indictments are presented shall be tried no later than 270 days after the accused has been arraigned, unless good cause is shown and a continuance granted.

An indictment is a formal accusation – not a conviction. Under Mississippi law, a person indicted for a criminal offense shall not be convicted unless by confession of guilt in open court, by plea, or by the verdict of a jury. The defendant retains the presumption of innocence throughout.

Can a True Bill Be Challenged or Dismissed?

A common question is whether the indictment itself can be challenged. The answer is yes, though success depends on the circumstances.

Defense attorneys may file a motion to quash the indictment for defects. Under Mississippi law, all objections to an indictment for any defect outside the face of the document must be raised by motion to quash within the time allowed for demurrer. These challenges might involve improper grand jury composition, procedural irregularities, or statute of limitations issues.

For defects appearing on the face of the indictment – such as insufficient allegations or failure to state a criminal offense – objections must be raised by demurrer before the jury is impaneled, and in a capital case before the jury venire is issued. The court may amend formal defects and allow the trial to proceed.

Challenges based on prosecutorial misconduct before the grand jury are also possible, though they are difficult to prove given the secrecy of grand jury proceedings.

While quashing an indictment is not common, procedural defects do occur. In most cases, however, the stronger defense comes at trial or through plea negotiation rather than through challenging the indictment itself. Every case is different, and results depend on the specific facts.

Why You Need a Criminal Defense Attorney After an Indictment

A true bill of indictment means the State of Mississippi is formally pursuing felony charges. The defendant now faces the full weight of the prosecution – including potential prison time, fines, and a permanent criminal record.

At this stage, a criminal defense attorney reviews the indictment for procedural defects and examines the evidence presented to the grand jury where available. An attorney also negotiates with prosecutors, prepares pretrial motions, and builds a defense for trial. Each of these steps requires knowledge of Mississippi criminal procedure and familiarity with local circuit court practices.

Vic Carmody, Jr., P.A. focuses on criminal defense in Mississippi courts. Our firm handles felony cases throughout Mississippi and understands how circuit court judges manage indictment proceedings, arraignment schedules, and pretrial motions.

If you or someone you know has received a true bill of indictment, contact Vic Carmody, Jr., P.A. for a free consultation to discuss the charges and your options. Early legal representation may make a significant difference in how your case proceeds.

Frequently Asked Questions

What Does a True Bill of Indictment Mean in Simple Terms?

A true bill of indictment means a grand jury reviewed the prosecution's evidence and decided there is enough reason to formally charge someone with a crime. It is the grand jury's way of saying the case should go to trial. It does not mean the person is guilty.

Does a True Bill of Indictment Mean I Will Be Convicted?

No. An indictment is a formal charge, not a conviction. Under Mississippi law, a person indicted for a criminal offense cannot be convicted unless by confession of guilt in open court, by plea, or by a jury verdict recorded in court. The defendant retains the presumption of innocence and has the right to defend against the charges at trial.

How Long After a True Bill Indictment Is the Arraignment in Mississippi?

Mississippi’s criminal procedure statutes do not fix a number of days between indictment and arraignment. However, arraignment typically occurs relatively soon after the indictment is filed and the defendant is served. Once arraigned, the case generally must be tried within 270 days unless the court grants a continuance for good cause.

Can a True Bill of Indictment Be Dismissed or Dropped?

Yes, depending on the circumstances. Defense attorneys may file a motion to quash the indictment for procedural defects or a demurrer for defects on its face. Prosecutors may also choose to dismiss charges. However, dismissal of an indictment is not common, and each situation depends on its specific facts.

What Is the Difference Between a True Bill and a No Bill?

A true bill means the grand jury found probable cause and approved formal charges. A no bill means the grand jury declined to indict. A no bill is not an acquittal and does not prevent prosecutors from re-presenting the case to a future grand jury.