No, you cannot be indicted without evidence. A prosecutor must bring charges before a grand jury during an indictment and present a reasonable degree of evidence. If the grand jury decides to pursue the charges, this does not mean the defendant is guilty. It simply means the defendant will be formally charged.
An indictment is unlike a typical trial. The accused does not need to be present and all witnesses do not have to testify, but evidence still plays an important role in convincing a grand jury to pursue charges.
What Comes After An Indictment?
After an indictment, the accused is arrested if they aren’t already in custody. The Sixth Amendment guarantees defendants the right to a speedy trial, meaning you can expect an arraignment 2-3 days after your arrest. Read more –>