Indicted vs Charged: Understanding the Legal Differences

In the world of law, we often hear “indictment” and “criminal charges.” They sound similar but serve different functions. An indictment happens early in a case. It marks the start of formal criminal accusations against someone. Note that being indicted doesn’t prove guilt. Understanding an indictment involves knowing about grand juries and how charges are brought in criminal cases.

First, an indictment is a formal charge issued by a grand jury. This happens after a prosecutor shows enough evidence. In comparison, criminal charges are brought by the prosecutor alone. There’s no need for a grand jury in this process. The big difference is who decides there’s enough evidence to accuse someone of a crime.

In this article, we’ll break down what it means to be charged indicted vs charged, the processes involved, and the implications of each.

Key Takeaways

An indictment is a formal accusation of a crime, issued by a grand jury, while criminal charges are filed directly by a prosecutor.

The primary distinction is who finds probable cause that a crime was committed – a grand jury for an indictment or a prosecutor for criminal charges.

Indictments are typically reserved for felony-level crimes, while prosecutors can file charges for both misdemeanors and felonies.

Grand jury proceedings are shielded from public view, and the accused may not know they have been indicted until after an arrest warrant is issued.

An indictment does not automatically mean the person will go to jail; it simply means the case will proceed to trial.

What is an Indictment?

A grand jury is a team of 16 to 23 regular people who look at criminal cases fairly. They meet by themselves to see if someone should face charges in a case. To decide on an indictment, a prosecutor needs to show at least 12 grand jury members that there’s a good reason to charge the person.

The person on trial and their lawyer don’t usually attend these sessions. The grand jury can investigate in its own way, with no one telling them what to do. This happens without the public’s or the court’s direct view.

The Grand Jury Process

Being a part of a grand jury is key in our legal system. It’s more often seen in federal court than in state court, focusing on major state crimes and federal cases. They decide if there’s enough evidence to charge someone with a crime.

Their decision does not need to be agreed on by everyone in the jury.

Indictment vs. Criminal Charges

The big difference between an indictment and criminal charges is how they get to that step. An indictment comes from a grand jury’s decision, while charges are brought by a prosecutor on their own. Both steps help start a criminal trial, but an indictment is a direct claim that a crime has been done. Charges signify that the prosecutor believes a trial should happen.

True Bills and No Bills

If the grand jury thinks there is enough proof of a crime, they give an indictment, or a “true bill”. But if they find the evidence lacking, they give a “no bill” instead, which means no indictment is made. Prosecutors might ask for a grand jury in big cases. This could be because the crime is major, there’s a lot of public interest, the case seems weak, it involves a public figure, or there are key witnesses in state prison.

Who Can Be Indicted?

In most cases, any person can be indicted by a grand jury. However, some states don’t need an indictment to charge someone with a crime. Indictments are mainly used for serious crimes called felonies.

Federal Indictments

Assistant United States Attorney (AUSA) examines the evidence in federal cases. They decide if charges are necessary. If more evidence is required, a grand jury might be called upon.

Exceptions to Indictment Requirements

Indictment rules normally impact civilians in the U.S. Yet, military members can face a court-martial without an indictment. They are also not required to be tried by a usual jury.

Discovering an Indictment

Grand jury discussions are private. Jurors can’t tell others what happens inside. This rule helps keep the grand jury’s work confidential. Everyone who isn’t a juror is asked to step out while decisions are made.

Accused people often find out about the indictment after it happens. They may not know they’re facing criminal charges until later.

Grand Jury Secrecy

An indictment can be kept secret for a while. This is done for a few reasons. It might be to stop the accused from running. Or to hide the charges from their criminal team for a bit.

Also, it could be to prevent others involved in the crime from running away. If an indictment is sealed, the accused and their lawyers are kept in the dark. The public won’t know either.

Sealed Indictments

Sealed indictments are hidden from the public eye. This can stop the accused from leaving. It can also prevent people linked to the crime from finding out too soon.

If an indictment is sealed, the accused, their lawyers, and everyone else don’t know about it. Its details are not shared until the right time.

Consequences of an Indictment

An indictment doesn’t mean someone is guilty or will go to jail right away. It only shows that the prosecution wants to move forward with criminal charges. Later, a court trial is set, and the legal process starts. During all this, everyone is still considered innocent until proven guilty in court.

Indictment and Jail Time

Getting an indictment and going to jail can be different. An indictment may be dismissed, but this is not usual. Once a grand jury issues it, prosecutors usually move forward. The usual step is the court trial, even if charges are later dropped. Yet, sometimes, before an indictment, the grand jury decides to dismiss it if they see a problem like not enough proof or mistakes in how the case was handled. So, being indicted doesn’t always mean it will lead to a trial if there are significant issues found early.

What are Criminal Charges ?

If someone is “charged” with a crime, a prosecutor accuses them. This happens without a grand jury. They do this by formally filing charges against the person. These charges can be for misdemeanors or felonies. The prosecutor uses a charging document to explain the crime and the evidence.

Filing Charges

Being charged with a felony means a person gets a preliminary hearing. Here, a judge decides if there’s enough evidence to support the charges. This process is deemed fairer than grand jury proceedings. The accused can attend with their lawyer, present evidence, and question witnesses. If there’s enough evidence, the case moves to trial.

Preliminary Hearings

The grand jury process looks at evidence to make a decision. The accused and their lawyers aren’t usually there. On the other hand, during a preliminary hearing in the information method, the defendant and their lawyer can challenge the accusations. Prosecutors sometimes choose the grand jury route, while defenses might prefer the information method. Both paths can ultimately lead to the accused facing formal charges.

Indicted vs charged

The difference between indicted and charged lies in how probable cause is found. An indictment happens when a grand jury sees enough proof to accuse someone of a crime. Charges are brought by a prosecutor alone, skipping the grand jury step. Both ways start a criminal case. But, with an indictment, the accusation is more formal and direct.

Indictment	Criminal Charges
Issued by a grand jury	Filed by a prosecutor
Formal accusation of a crime	Prosecutor’s decision to prosecute
Requires at least 12 of 16-23 grand jurors to agree¹	No grand jury involvement
Reserved for federal felonies¹	Can be for misdemeanors or felonies
Proceedings are private and can last months to a year¹	Public court process

Getting an indictment or being charged can lead to a trial. But, an indictment means a grand jury checked the evidence. This makes the accusation more serious and formal.

When are Grand Juries Used?

Grand juries are used for big crimes or when the public is very interested. They’re also used for cases that seem weak at first. The aim is to see if there is enough evidence before a real trial. They’re used when a person working for the government might be doing something wrong or when the witnesses are in jail.

Federal vs. State Practices

In the US, federal cases use grand juries more than state cases do. However, both follow similar basic rules. By law, the federal government must use grand juries for serious crimes. But states can choose not to do this. There are 94 district courts across the US, including in areas like Washington, D.C. Each district has its own United States District Court, which can be in different places within the district. Federal cases are handled in these courts.

A grand jury is made up of about 16 to 23 members. To make a decision, at least 12 of them must agree. When people speak to a grand jury, their lawyer can’t be there. Prosecutors may prefer grand juries to first hearings because they are private. This means they can protect the rights of the accused and get more honest information from witnesses. And they can control who hears what. In big, controversial cases, using a grand jury can also shield prosecutors from public judgment.

Arrests and Bail

Arrests usually start a criminal case. Then, the police give evidence to prosecutors. They decide to charge someone directly or take it to a grand jury.6 Sometimes, prosecutors keep it secret and do their own investigation. Then, they might surprise the accused with an arrest after getting a grand jury’s indictment.

Timing of Arrests

After an arrest, freedom through bail depends on how serious the charges are. Also, if the person poses a flight risk or violent threat. This choice applies whether the charges come from an indictment or direct accusation. In many cases, for small state or federal crimes, judges allow either immediate release or bail. Bail is often possible for felonies but not in very severe cases.

Bail Procedures

After being detained, a Pretrial Services interview is required within a day. This is to set the bond. Within the same time, Pretrial Services gives the judge needed info for the bond decision. And, the judge must decide on the bond within a day of the arrest. In Kentucky, there’s no exact time for an arrangement, but it mostly happens soon, often via video call from jail.

For felonies, there’s a second arrangement in Circuit Court after the Grand Jury’s decision. At this point, the judge might change the bond. Having a lawyer by your side can make a big difference, especially before the first major court meeting or the Pretrial Conference.

It’s important to talk to your lawyer well before the Pretrial Conference. This helps to prepare and understand any new legal offers or evidence.

Conclusion

In the U.S. legal system, there’s a big difference between being indicted and being charged. An indictment means a grand jury has formally accused someone of a crime. This happens when 16 to 23 citizens listen to the prosecutor and agree there’s enough evidence for charges.

On the other hand, prosecutors can directly file criminal charges without needing a grand jury to approve. Both ways start a criminal case, but an indictment is a more solid accusation than mere charges.

Knowing how an indictment and charges differ is key in the U.S. criminal justice system. Getting indicted doesn’t mean you’re automatically guilty. It just shows a grand jury sees enough evidence to move forward with serious charges. In comparison, a prosecutor’s charges can include less serious crimes too.

Legal advice is very important when handling an indictment or criminal charges. A good lawyer can make sure your rights are safe and help you through the legal maze.

To sum up, an indictment and criminal charges show the varied roles in the U.S. legal system. Understanding these roles can help people facing legal problems. It lets them know what their charges really mean and how to protect themselves legally.

Also read:

Negligence vs. Gross Negligence: Knowing the Legal Differences

Know the Law: Invitees, Licensees, and Trespassers Explained

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FAQ

What is an Indictment?

An indictment is a formal charge that comes from a grand jury. This happens after the jury looks at evidence from the prosecutor. It doesn’t prove guilt, only that the case should continue.

What is the Grand Jury Process?

A grand jury consists of 16 to 23 people who review criminal cases. They meet privately to decide if there’s enough evidence to charge someone.

What is the Difference Between an Indictment and Criminal Charges?

The big distinction is who decides there’s reason to charge someone. An indictment comes from a grand jury. But direct charges are made by a prosecutor alone.

What is a True Bill and a No Bill?

If the grand jury believes there is enough evidence, they issue an indictment. This is also called a “true bill.” If they don’t see enough proof, they return a “no bill.”

Who Can Be Indicted?

Almost anyone can be indicted by a grand jury. However, some states don’t need an indictment for a criminal charge. Indictments are mostly for felony cases.

How Do Federal Indictments Work?

In federal cases, an AUSA decides if charges should be brought. They review the evidence. A grand jury might be used for further investigation, if needed.

Are There Exceptions to Indictment Requirements?

Indictment laws in the U.S. apply only to civilians. Military members can be tried without a grand jury. They may face a court-martial instead.

How is an Indictment Kept Secret?

Grand juries are private, and their proceedings are kept from the public. This helps keep indictments secret. It’s done for different reasons, like not warning possible escapees or co-conspirators.

Does an Indictment Mean Jail Time?

Getting indicted doesn’t immediately send someone to jail. It shows the case is moving forward. The accused is still considered innocent until a court decides otherwise.

Can an indictment be Dismissed?

Prosecutors don’t often drop indictments once they’re made. But a grand jury can dismiss charges if the case isn’t strong. This can be due to lack of proof or misconduct.

What are Criminal Charges?

Being “charged” means a prosecutor accuses you of a crime. This can happen for both small offenses (misdemeanors) or more serious ones (felonies).

What is a preliminary Hearing?

It’s a court meeting held before a judge in felony cases. Here, the judge checks if there’s a strong reason to think the charges are true. The accused can defend themselves with a lawyer present.

When are Grand Juries Used?

Grand juries are often used for significant crimes or sensitive cases. They help test evidence before a trial with a jury. Also, if a public official is involved, or if witnesses are in prison.

How do Federal and State Practices Differ?

Federal cases use grand juries more than state cases do. Yet, the basic principles of the grand jury process are the same whether at the federal or state level.

When do Arrests Occur?

Usually, police arrest someone at the start of a case. They then give their findings to a prosecutor. They might file charges immediately or go through a grand jury process. Sometimes, the accused doesn’t know they were being investigated.

How is bail determined?

Bail’s set based on the charges and whether the person might try to run away or do harm if let out. This rule applies no matter if the charges came through a grand jury or directly from a prosecutor.