Wichita Bail Bonds Blog

Technically, you cannot be indicted without some form of evidence, but the standard of proof for an indictment is very low. A grand jury does not require proof beyond a reasonable doubt, or even clear and convincing evidence. Instead, it only needs to find probable cause that a crime was committed and that the accused person may be responsible.

What Is Probable Cause?

Probable cause is a legal standard that means there is a reasonable basis to believe a crime has occurred and that the defendant may have committed it. This standard is far less strict than what is needed at trial, which is proof beyond a reasonable doubt. In a grand jury setting, the evidence presented can be minimal and one-sided.

• The prosecutor controls what evidence is shown
• The defendant does not have a right to be present
• No judge oversees the proceedings
• Witnesses may be called, but cross-examination does not occur

Types of Evidence Used for Indictment

While no hard evidence like video footage or physical proof is required, prosecutors usually present…

• Sworn witness testimony
• Police reports or investigative summaries
• Documents or emails
• Statements from alleged victims or informants

This type of evidence is often enough to meet the standard of probable cause even if it might not be enough to win a conviction at trial.

Can False or Weak Evidence Be Used?

Yes. Since grand jury proceedings are secret and the defense has no opportunity to challenge the claims, it is possible for indictments to be based on inaccurate or incomplete evidence. In some cases, charges may be brought based on flawed witness statements, mistaken identity, or investigative errors. While this does not mean there is “no evidence,” it may mean the evidence is weak or unreliable.

Can an Indictment Be Challenged?

Once indicted, the defendant’s attorney can file motions to dismiss the charges if they believe the indictment lacks legal foundation. These motions might argue that…

• The indictment fails to state a crime
• Evidence was illegally obtained
• The grand jury process was misused

The judge will review these arguments before allowing the case to proceed to trial.

While you cannot legally be indicted with zero evidence, the amount needed is very low. A grand jury only needs probable cause to believe a crime occurred. This opens the door for indictments based on limited or questionable information. If you are indicted, your defense team can challenge the evidence and fight for dismissal or a reduction of charges in court.