When navigating the U.S. justice system, the terms indicted and charged often surface in news stories and legal conversations. Yet, many people use them interchangeably without understanding their distinct legal meanings. Knowing the difference between being indicted and being charged is crucial—whether you’re a legal professional, someone involved in a criminal case, or simply interested in how the criminal justice system works.
In this article, we’ll explore what it means to be indicted vs charged, how each term fits within the broader scope of criminal law, and what implications each carries for a defendant.
What Does It Mean to Be “Charged” in Criminal Law?
Being charged means that a prosecutor has formally accused someone of committing a crime. This step officially starts the criminal process. Before filing charges, the prosecutor reviews evidence collected by law enforcement to decide whether there is probable cause—a reasonable belief that the accused committed the offense.
Key Features of Being Charged
- Prosecutor-Initiated: Unlike an indictment, no grand jury is needed. The decision to charge lies solely with the prosecutor.
- Legal Filings: Charges may be filed through a criminal complaint, an information (for certain felonies), or a direct accusation.
- Arrest or Court Summons: After charges are filed, the accused may be arrested or given a summons to appear in court.
- Court Proceedings: The case moves to an arraignment, where the charges are read, and the defendant enters a plea.
- Common in Less Severe Cases: Charges are typically used for misdemeanors and some felonies, especially when the law does not require a grand jury.
- Standard of Proof: Filing charges requires only probable cause, not proof beyond a reasonable doubt.
Being charged starts the journey through the criminal justice system, leading to hearings, possible plea deals, and trial preparation.
What Does It Mean to Be “Indicted”?
An indictment is a formal accusation issued by a grand jury stating there is enough evidence to move forward with prosecution. This process is often reserved for serious felonies and adds a layer of oversight before charges can proceed.
Key Features of an Indictment
- Grand Jury Review: A panel of 16–23 citizens hears evidence presented by the prosecutor and decides whether to issue an indictment.
- Focus on Probable Cause: The grand jury does not decide guilt; it only determines if there is sufficient evidence to proceed to trial.
- Used for Serious Crimes: Indictments are required for most federal crimes and some serious state felonies, such as murder, drug trafficking, or organized crime.
- Greater Case Weight: The fact that a grand jury issues the indictment signals that the case is serious and well-supported.
- True Bill vs. No Bill: If the grand jury finds probable cause, it issues a true bill (indictment). If not, it issues a no bill, which halts prosecution unless new evidence arises.
An indictment means the case has undergone citizen oversight and meets the legal threshold for trial.
Indicted vs Charged: What’s the Core Difference?
| Legal Term | Who Initiates It | Typical Use Case | Process Involves |
| Charged | Prosecutor | Misdemeanors, some felonies | Criminal complaint, arrest |
| Indicted | Grand Jury | Serious felonies (e.g., federal crimes) | Review of evidence, group vote |
At its core, the difference lies in who decides to bring the charge:
- A prosecutor can charge someone directly.
- A grand jury must issue an indictment after reviewing the case.
Why Does the Indictment Process Exist?
The indictment process is rooted in the Fifth Amendment of the U.S. Constitution, which states that no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury. This constitutional requirement applies to serious federal crimes and ensures that individuals are not unfairly targeted by government prosecutors.
Purpose and Importance of the Indictment Process
- Protection from Government Overreach: The grand jury acts as a check on prosecutorial power, preventing the government from pursuing charges without sufficient evidence.
- Citizen Oversight: A group of ordinary citizens, rather than government officials, reviews the evidence to decide whether the case should proceed. This adds impartiality to the process.
- Screening Weak Cases: If the grand jury finds the evidence lacking, they can refuse to indict, stopping unwarranted prosecutions before they reach trial.
- Maintaining Public Trust: The involvement of a jury of peers in reviewing evidence helps maintain confidence in the fairness of the justice system.
In short, the indictment process exists to protect individual rights, prevent abuse of power, and ensure that only cases with sufficient evidence move forward to trial.
Is One More Serious Than the Other?
Yes, an indictment is generally considered more serious than being charged because it involves additional legal scrutiny and is typically reserved for serious criminal offenses.
When Someone Is Indicted
- Severity of the Offense: Indictments are primarily used for felonies such as homicide, drug trafficking, white-collar crimes, and organized criminal activity.
- Additional Legal Weight: The case has been reviewed not just by a prosecutor, but also by a grand jury that found the evidence convincing enough to move forward.
- Complex or Multiple Charges: Indicted cases often involve complex investigations or multiple counts, making them more serious in nature.
- Federal Implications: Many indictments occur in federal court, where penalties tend to be severe and sentences longer.
When Someone Is Charged
- Less Severe Offenses: Charges are commonly filed in cases involving misdemeanors or lower-level felonies, although they can still be serious.
- No Grand Jury Involvement: The decision to proceed lies solely with the prosecutor, without citizen oversight.
- Still Carries Heavy Consequences: Even without a grand jury, charges can lead to jail time, fines, probation, and a permanent criminal record depending on the case.
In conclusion, both charges and indictments are serious, but an indictment typically signals a higher level of offense, greater prosecutorial resources, and stronger evidence supporting the case.
Examples: Indicted vs Charged in Real Cases
Example of a Charged Case:
A person caught shoplifting may be charged by a city prosecutor with theft. The case moves directly to arraignment, where the defendant pleads guilty or not guilty.
Example of an Indicted Case:
A federal investigation into organized crime might result in indictments against several individuals for racketeering and conspiracy. The grand jury listens to testimony, reviews evidence, and votes to indict.
What Happens After You’re Charged?
If someone is charged with a crime, the legal process usually follows this timeline:
- Arrest or Summons
- Initial Appearance – Rights are explained, bail may be discussed.
- Preliminary Hearing – Determines if enough evidence exists.
- Arraignment – Defendant enters a plea.
- Trial Preparation – Discovery, motions, plea deals, or proceeding to trial.
What Happens After You’re Indicted?
The process is similar but starts with the grand jury phase:
- Grand Jury Review – Prosecutor presents evidence.
- Indictment Issued – If the grand jury finds probable cause.
- Arrest or Summons
- Arraignment
- Trial Process – Includes the same steps as with a charge.
The indictment simply adds a layer of scrutiny before the formal legal process begins.
Can You Be Both Indicted and Charged?
Yes, and it’s common in serious cases.
For example:
- A person might first be charged by a prosecutor while the case is under investigation.
- Later, the same individual could be indicted by a grand jury after more evidence is gathered.
In this context, indictment supplements the charge, elevating the case’s seriousness or jurisdiction (e.g., from state to federal court).
Do All Criminal Cases Involve an Indictment?
No. Not all criminal cases go through a grand jury indictment.
Indictments Are Typically Required When:
- Federal felonies are involved.
- Certain state felonies under specific state laws.
- High-profile, complex investigations (e.g., white-collar crime).
Charges Are More Common In:
- Misdemeanor cases.
- State-level crimes where prosecutors can file directly.
Legal Rights: Indicted vs Charged
Regardless of whether someone is indicted or charged, the Constitutional rights remain the same:
- Right to remain silent (Fifth Amendment)
- Right to an attorney (Sixth Amendment)
- Right to a fair and speedy trial
- Right to confront witnesses
The method of accusation does not reduce or increase your rights, but it may affect how quickly a case proceeds and what evidence is available.
Common Misconceptions About Indictments and Charges
There are several misunderstandings about what it means to be indicted or charged. Clearing up these misconceptions is crucial for understanding your legal situation.
Myth 1: An Indictment Means You’re Guilty
False. An indictment does not mean that a person is guilty of a crime. It simply means a grand jury found enough evidence (probable cause) to allow the case to proceed to trial.
- Reality: The indictment is only an accusation, not a conviction. The defendant is still presumed innocent until proven guilty beyond a reasonable doubt in court.
- Why This Matters: People often mistake the issuance of an indictment as proof of guilt, which can lead to unfair stigma and misjudgment.
Myth 2: You Can’t Be Indicted Without Being Arrested
Wrong. It’s entirely possible to be indicted without being arrested beforehand.
- Reality: In many cases, especially with white-collar crimes or federal investigations, prosecutors present evidence to a grand jury before an arrest ever takes place.
- How It Works: After an indictment is issued, law enforcement may either arrest the individual or issue a summons for them to appear in court.
- Why This Matters: You could face an indictment without warning, which is why legal representation is critical at the earliest sign of an investigation.
Myth 3: Charges Are Always Less Serious
Not necessarily. While indictments are usually linked to more serious crimes, charges can also involve high-stakes offenses.
- Reality: A person can be charged directly by a prosecutor with crimes like second-degree murder, sexual assault, or serious drug offenses—all of which carry severe penalties.
- Why This Matters: Never assume that being “only charged” means the situation is minor; both charges and indictments require immediate legal attention.
What Should You Do If You’re Indicted or Charged?
Whether you are indicted or charged, both situations demand swift and strategic legal action. The earlier you act, the better your chances of mounting a strong defense.
Steps to Take Immediately
- Hire a Criminal Defense Attorney
- Seek an attorney experienced in both local and federal criminal law.
- Choose someone who has successfully handled cases similar to yours.
- Do not delay—legal representation from the start can significantly impact your outcome.
- Do Not Speak to Law Enforcement Without Counsel
- Anything you say can be used against you.
- Politely invoke your right to remain silent and request an attorney before answering any questions.
- Collect Evidence and Documentation
- Gather records, messages, receipts, or any evidence that may support your defense.
- Provide this to your lawyer, who will determine how to use it effectively.
- Follow All Court Orders and Appearances
- Missing a court date or violating bail conditions can worsen your case.
- Stay in compliance with every legal requirement to avoid additional penalties.
- Understand Your Rights and Legal Options
- Learn about potential plea deals, motions to suppress evidence, or other strategies your lawyer might use.
- Make informed decisions in consultation with your attorney.
Bottom line: Both an indictment and a charge are serious legal matters that require immediate professional help. Acting quickly and responsibly gives you the best chance to protect your rights and secure a favorable outcome.
Final Thoughts: Indicted vs Charged in Criminal Law
The terms indicted and charged are both central to how the U.S. legal system initiates criminal cases, but they operate in different ways. Charges are often filed directly by prosecutors for quicker prosecution, while indictments involve a grand jury for more serious cases.
Understanding the difference helps you better interpret legal news, respond to criminal accusations, and protect your rights under the law.
Whether you’re researching for legal clarity, supporting someone involved in a case, or defending your own position, knowing the distinction between indicted vs charged in criminal law is a key piece of legal literacy.
