Which party initiates an indictment?

The party that initiates an indictment is the grand jury. An indictment is a formal charge or accusation of a serious crime, and it is the grand jury that reviews evidence presented by the prosecutor to determine whether there is enough probable cause to formally charge an individual with a crime.

This process ensures that the indictment is based on evidence that a crime has likely been committed, serving as a safeguard against unfounded criminal charges. The grand jury operates independently from the prosecutor and reaches its conclusions based on the evidence presented, without the defendant present.

While the prosecutor plays a crucial role in presenting evidence to the grand jury, it is not the prosecutor who directly initiates the indictment. The defense attorney and judge do not initiate indictments either; the defense attorney represents the interests of the accused, and the judge oversees court proceedings but does not determine whether an indictment is warranted.