Short Answer
Complete Explanation
A true bill is a formal determination by a grand jury that the evidence presented by the prosecution establishes probable cause to believe a crime has been committed and that the accused individual committed it. When a grand jury returns a true bill, it authorizes the filing of an indictment, allowing the case to move forward to trial. The true bill does not equate to a finding of guilt; rather, it signals that the case meets the minimum evidentiary standard required for criminal prosecution.
- Definition:
A true bill is the grand jury’s written conclusion that sufficient probable‑cause evidence exists to charge a suspect with a crime. - Issuing Body:
It is issued solely by a grand jury, a group of citizens convened to evaluate the prosecutor’s evidence in secret. - Legal Effect:
A true bill results in a formal indictment, which initiates criminal proceedings in the trial court. - Difference from a No Bill:
If the grand jury finds insufficient evidence, it returns a “no bill,” and the prosecutor cannot pursue charges based on that presentation. - Historical Origin:
The term traces back to English common law, where grand juries were required to issue a “true bill” before a case could proceed to trial.
Common Misconceptions
A true bill means the defendant is guilty.
A true bill only indicates probable cause; guilt must be proven at trial.
A prosecutor can ignore a true bill and drop the case.
While a prosecutor may choose not to pursue the indictment, the true bill itself does not compel prosecution.
Grand juries always vote unanimously on a true bill.
Most jurisdictions require a simple majority, not unanimity, to return a true bill.
FAQ
What is a true bill?
A true bill is the grand jury’s written determination that there is enough evidence to support criminal charges, resulting in an indictment.
How does a true bill differ from a no bill?
A true bill indicates probable cause and leads to an indictment, whereas a no bill means the grand jury found insufficient evidence, and no indictment is issued.
Can a true bill be challenged before trial?
Yes. Defendants can file motions to dismiss the indictment on various grounds, such as lack of jurisdiction or procedural defects, but the true bill itself is not usually subject to direct judicial review.
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