What type of indictment is kept secret until the defendant is in custody or released pending trial?

The term that refers to an indictment kept secret until the defendant is in custody or granted release pending trial is indeed a sealed indictment. This type of indictment is utilized to prevent the individual from fleeing or potentially destroying evidence before they can be arrested. By keeping the indictment confidential, law enforcement can effectively prepare for the arrest and ensure that the legal process can proceed without interference.

Sealed indictments are usually sought in cases where there is a concern about the defendant's flight risk or where pre-arrest investigation is ongoing. It ensures that the accused does not have advanced warning of the charges against them, which might allow them to evade law enforcement or tamper with evidence.

In contrast, other types of indictments may not have the same secrecy provisions, leading to different legal implications and processes surrounding the arrest and prosecution of the defendant.