Wichita Bail Bonds Blog

Being charged and being indicted are both ways of formally accusing someone of a crime, but they involve different legal processes. The key difference lies in how the decision is made to move forward with criminal prosecution. One is decided by a prosecutor, while the other is decided by a grand jury.

Being Charged

When someone is charged with a crime, it means a prosecutor or law enforcement agency has filed formal accusations in court. This process is usually used in state or local cases. The prosecutor reviews the evidence and decides there is enough to file criminal charges, either as a complaint or information.

• The case is filed directly in court
• The defendant is notified of the charges and given a court date
• No grand jury is required
• This is common for misdemeanors and many felonies

Being charged does not mean the person is guilty. It means the legal process has begun, and the defendant now has the opportunity to defend themselves in court.

Being Indicted

An indictment is the result of a grand jury proceeding. A grand jury is a group of citizens who hear evidence presented by a prosecutor in secret. If the grand jury believes there is probable cause, it returns an indictment, also known as a “true bill.” This method is more commonly used in federal cases or for serious felonies.

• The decision is made by a grand jury, not a prosecutor alone
• The defendant is usually not present during the process
• If indicted, the defendant is then formally charged in court
• The indictment process may be used to keep investigations confidential

Once an indictment is issued, the court moves forward with arraignment and all other pretrial steps, just as it would after a charge.

Main Differences

• Who decides -45311` A prosecutor files a charge, while a grand jury issues an indictment
• Formality – Indictments are typically reserved for more serious or federal crimes
• Process – Charging can be done quickly, while indictments require secret grand jury proceedings

Being charged means a prosecutor has formally accused someone of a crime and filed a case in court. Being indicted means a grand jury has reviewed the evidence and decided there is enough to proceed. Both paths lead to criminal prosecution, but they follow different procedures. Whether someone is charged or indicted, they still have the right to a defense and a fair trial.