Last updated: October 14, 2026
Quick Answer: An indictment is a formal felony charge returned by a grand jury after it finds probable cause that you committed a crime. In Cook County, once you are indicted, your case moves to arraignment, where you hear the charges and enter a plea, and then into discovery, pretrial motions, and either a negotiated resolution or a trial. An indictment is an accusation, not a conviction.
Key Takeaways
- In Illinois, a felony case moves forward either by grand jury indictment or by a preliminary hearing followed by an “information.” Cook County uses grand juries for many felony cases.
- An Illinois grand jury has 16 members, 12 are needed for a quorum, and 9 must agree there is probable cause to return an indictment.
- Grand jury proceedings are secret, and the defense does not present its side there.
- After indictment, the next step is arraignment, usually at the Leighton Criminal Courthouse (26th & California) for Chicago felony cases or at the suburban courthouse for your district.
- Since September 18, 2023, Illinois no longer uses cash bail. Whether you stay in custody is decided at a detention hearing.
What Is an Indictment?
An indictment, sometimes called a “true bill,” is the written charging document a grand jury returns when it finds probable cause that a person committed a felony. Probable cause is a much lower standard than the “beyond a reasonable doubt” proof required to convict. The grand jury is not deciding guilt. It is only deciding whether the case can go forward.
How the Grand Jury Works in Illinois
- Who is on it. An Illinois grand jury consists of 16 people, and 12 must be present for a quorum.
- Who presents evidence. An assistant State’s Attorney presents the case, often through the testimony of a police officer or detective.
- The vote. If at least 9 grand jurors agree there is probable cause, the State prepares a bill of indictment. If not, the result is a “no bill.”
- Secrecy. Grand jury proceedings are confidential, and only the grand jurors are present when they deliberate and vote.
The defense does not cross-examine witnesses or present evidence at the grand jury. That is one reason most indictments are returned, and why the real defense work happens after.
What Happens After a Grand Jury Indictment in Cook County?
1. Arrest or summons
If you were not already charged, you may be arrested on a warrant or summoned to court. If you were already arrested on a complaint, the indictment replaces the complaint as the charging document.
2. Pretrial release or detention hearing
Under the Pretrial Fairness Act, there is no cash bail in Illinois. Most people are released with conditions. For certain serious charges, the State can file a petition to detain, and the judge decides at a hearing whether you will stay in custody while the case is pending.
3. Arraignment
At arraignment you receive a copy of the indictment, the charges are formally read or waived, and you enter a plea, almost always not guilty at this stage. In Chicago, felony arraignments are typically held at the Leighton Criminal Courthouse at 26th & California, where your case is assigned to a trial courtroom.
4. Discovery
The State must turn over its evidence: police reports, witness statements, video, lab results, and any evidence favorable to you. This is where your attorney learns what the grand jury heard and what it did not.
5. Pretrial motions
Your attorney may file motions to suppress evidence from an unlawful search, to quash an arrest, to suppress statements, or in some cases to dismiss the indictment itself.
6. Plea negotiations or trial
Many cases resolve through negotiation, which can mean a reduced charge, a lower sentence, or a dismissal. If not, the case goes to a bench trial before a judge or a jury trial, where the State must prove every element beyond a reasonable doubt.
How Long Does a Case Take After Indictment?
It varies with the charge and the evidence. Illinois’s speedy trial law requires trial within 120 days for a defendant held in custody, and within 160 days of a written demand for a defendant who is out of custody, with delays caused by the defense not counted. Many felony cases take months, and complex cases can take longer.
Can an Indictment Be Dismissed?
Sometimes. A motion to dismiss can challenge an indictment that fails to state an offense, was obtained through misleading or false grand jury testimony, or violates speedy trial rights. These motions succeed only in specific circumstances, but they are part of a full review of any felony case.
What You Should Do If You Have Been Indicted
- Do not talk to police or investigators about the case without your attorney.
- Do not discuss the case by text, social media, or jail phone, all of which can be used as evidence.
- Gather any documents, messages, or names of witnesses that may help your defense.
- Get a criminal defense attorney involved before arraignment, so the defense can prepare for a detention hearing and start reviewing discovery right away.
Indicted in Cook County? Hire Attorney Mitch Furman.
An indictment means the case is moving forward. Your defense should be moving faster.
Attorney Mitch Furman has defended clients in Cook County courtrooms since 2000 and has tried hundreds of bench and jury trials. He knows these courtrooms, these procedures, and what it takes to protect your record.
- Free consultation
- Available 24/7
- Payment plans for criminal cases
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FAQ
Does an indictment mean I will be convicted?
No. An indictment only means a grand jury found probable cause. The State must still prove the charge beyond a reasonable doubt at trial.
Can I testify at the grand jury?
The grand jury hears the evidence the State presents. Whether a target should ever speak to a grand jury is a serious strategic decision to make only with a defense attorney.
What is the difference between an indictment and an information?
Both are felony charging documents. An indictment comes from a grand jury. An information is filed by prosecutors after a judge finds probable cause at a preliminary hearing.
Will I be held in jail after an indictment?
Not necessarily. Illinois ended cash bail in 2023, and most people are released with conditions. The State must file a petition and win a detention hearing to keep you in custody.
Conclusion
A grand jury indictment is the start of the serious phase of a felony case, not the end of it. What happens next depends on the evidence, the motions your attorney files, and how prepared you are for each court date. Call (312) 236-7078 for a free consultation.
References
- 725 ILCS 5/112-2 and 5/112-4, Grand Jury (Illinois Code of Criminal Procedure)
- 725 ILCS 5/103-5, Speedy trial
- 725 ILCS 5/110, Pretrial release (Pretrial Fairness Act)
