Charged vs Indicted: Key Differences in Criminal Law 

Being charged with a crime means that you have been accused of committing the crime. To be indicted, however, a grand jury must determine that there is enough evidence to charge you with the crime formally. The indictment itself is not a conviction, nor is it evidence that you committed the crime; however, it will advance the case against you. The legal intricacies of criminal charges in Georgia are complex; seek the guidance of the experienced criminal defense attorneys at Banks, Stubbs, & McFarland.

If You Are Charged with a Crime 

If you are charged with a crime, it means the charge was levied by law enforcement, and typical examples include:

• DUI
• Theft
• Shoplifting

At this point, the prosecution proceeds by filing the case with the court. Less serious crimes, such as misdemeanors or certain low-level felonies, can be brought to court through an accusation. It’s important to note, however, that a conviction for a misdemeanor comes with serious legal and social consequences that should not be ignored or discounted.

Process of Indictment

To charge someone with a felony, the government must obtain a grand jury indictment before proceeding. In Georgia, most felony charges are brought through the indictment process, which involves presenting the case to a grand jury that must determine there is probable cause to indict. Probable cause is a relatively low bar that means something close to being more likely than not.

If you’ve been charged with a crime, it doesn’t necessarily mean that the state has put a lot of effort into the case against you. If, however, you’ve been indicted, it’s a clear sign that they have. While both charges and indictments carry serious consequences, indictments generally mean more serious charges and harsher penalties.

The Grand Jury

Grand juries serve a very different purpose from trial juries. Instead of having 12 jurors, grand juries can have between 16 and 23 members. Proceedings are conducted in secret, and neither the accused nor their attorney has the right to be present. To indict, a majority of the votes is required, but there is a set minimum of at least 12. When an individual is indicted, the grand jury endorses what is called a true bill, and when they don’t, it’s considered a no bill

The Grand Jury Process

If the charge against you goes before a grand jury, they will not determine your guilt or innocence – only whether or not the state has the probable cause they need to proceed. The process generally involves only the prosecution presenting evidence to the grand jury, and from here, the jury members deliberate whether there is enough evidence to indict.

Don’t Wait to Consult with an Experienced Criminal Defense Lawyer

The distinction between being charged and being indicted is considerable, but regardless of the situation, you need focused legal representation. The knowledgeable criminal defense attorneys at Banks, Stubbs & McFarland – proudly serving Cumming, Georgia – have the legal skill, experience, and drive to help, and we’ll spare no effort on your behalf. Learn more about what we can do for you by contacting us online or calling us at 770-887-1209 today.