HomeRecentIndicted Vs Charged- What’s...

Indicted Vs Charged- What’s the Difference?

The main difference between being charged versus indicted mainly relies on who actually files the charges. An indictment is when charges are filed by a grand jury against the defendant. Regular charges are filed by a prosecutor. When individuals face legal action, some might question what the difference is between being indicted and charged.

A criminal charge is an official allegation that an individual committed one or more crimes. Once the charge becomes formal, a bench warrant can be issued for the individual’s arrest. If the arrest is on a warrant, the police officer should provide a copy of the warrant, which will state the charges. Note that criminal charges may be changed at a later time by the prosecutor or grand jury.

For arrests on a misdemeanor offense, the state prosecutor must charge the individual within a certain period of time after the arrest. For arrests on a felony charge, the state prosecutor has more time to file charges. If charges are not filed properly, the prosecutor cannot move forward with filing charges and the case could be dismissed.

Once the individual has been charged, an arraignment hearing comes next. Or, if appropriate, an attorney could file a plea in writing on the individual’s behalf. If the plea is not guilty, another court date will be set and the case will go forward to trial.

For indictments, in most states, they are issued if a felony has allegedly been committed. In most cases, most prosecutors leave it to the grand jury to decide whether or not to charge the individual with a felony. All capital crimes and those for which the death penalty is a punishment must be presented by an indictment.

An individual can waive the right to have the criminal case brought in front of the grand jury. The case would then start with an information, which is another way an individual can be charged with a crime. The grand jury simply decides if charges should be brought against the individual and what they should be. They do not require a unanimous decision and can only require a simple majority to indict. Some grand juries can have up to 23 jurors, as opposed to six or twelve on regular juries.

The indictment contains all personal information, allegations regarding the facts of the case, and the time and places the alleged offense was charged.

If the indictment is issued, the judge issues an arrest warrant. After the arrest, a bond can be requested to be let out of jail before the trial occurs.

According to Federal Charges, after an arrest and before charges are issued, the police write an arrest report and give it to the prosecutor. Based on the information in the report, the state prosecutor can choose to file the complaint with the trial courts, go to the grand jury, or discontinue further pursuit.

Since most charges are required to be filed within a short time period, the crime that the individual is charged with can change over time.

- A word from our sponsors -

Most Popular

More from Author

Animal Bites on the Job: An Overlooked Workplace Injury Risk

A delivery worker steps through a gate just as a dog...

Union Representation and Workers’ Comp Lawyers: Different Roles Explained

A workplace injury often creates two separate disputes. One concerns the...

Gig Workers Face Growing Road Safety Concerns as Delivery Injuries and Traffic Deaths Mount

The rapid expansion of app-based delivery services has brought a growing...

Motorcycle Crashes and Older Drivers Expose Hidden Dangers of Left Turns, National Study Finds

Motorcycle-involved fatal crashes are a major concern when drivers turn left,...

- A word from our sponsors -

Read Now

Animal Bites on the Job: An Overlooked Workplace Injury Risk

A delivery worker steps through a gate just as a dog slips out of the house. A home care aide reaches for a dropped towel beside a sleeping pet. A veterinary assistant adjusts an injured animal’s position during treatment. Each situation starts with an ordinary task and...

Union Representation and Workers’ Comp Lawyers: Different Roles Explained

A workplace injury often creates two separate disputes. One concerns the job: missed shifts, attendance rules, or an assignment that conflicts with medical restrictions. The other concerns the injury claim: treatment, wage replacement, and whether the insurer accepts responsibility. With repetitive strain injuries, attorneys handling carpal tunnel...

Gig Workers Face Growing Road Safety Concerns as Delivery Injuries and Traffic Deaths Mount

The rapid expansion of app-based delivery services has brought a growing safety challenge to American roadways, where workers must balance navigation, customer instructions, delivery deadlines and earnings opportunities while operating in increasingly hazardous traffic conditions. A 2026 nationwide study by the Texas Law Dog found that Arizona, Nevada...

Motorcycle Crashes and Older Drivers Expose Hidden Dangers of Left Turns, National Study Finds

Motorcycle-involved fatal crashes are a major concern when drivers turn left, while motorists ages 75 and older record the highest overall population-adjusted left-turn fatal-crash involvement rates, according to new research from Sweet James. The nationwide analysis, covering 2020 through 2024, found that left-turning drivers were involved in fatal...

Colorado Tops National Road Rage Risk Rankings as Fatal Aggressive-Driving Cases Climb 63%

Colorado has emerged as the nation's highest-risk state for escalating road rage, with fatal-crash cases involving road rage or aggressive driving increasing 63% between 2020 and 2024, according to a nationwide study by Suzuki Law Offices. The study examined road-rage risks across all 50 states, combining fatal-crash data,...

Hit-and-Run Deaths Nearly Double in Nevada as New Study Identifies America’s Deadliest States

Nevada and Louisiana recorded some of the sharpest increases in fatal hit-and-run deaths between 2020 and 2024, even as nationwide fatalities declined from their 2022 peak, according to a new analysis of federal traffic safety data. The study, conducted by Attorney Brian White, examined fatal hit-and-run crashes across...

Mississippi Records Nation’s Sharpest Rise in Senior-Driver Fatality Rates, New Study Finds

Mississippi experienced the largest increase in senior-driver fatality rates in the United States between 2020 and 2024, with deaths rising from 13.98 to 20.39 per 100K licensed drivers aged 65 and older, according to a new study by CR Legal Team. The increase of 6.41 deaths per 100K...

Cars and Trucks Feature in More Than Half of Reported E-Bike Deaths, H&P Law Study Finds

Motor vehicles were involved in approximately 55% of reported e-bike deaths between 2017 and 2024, compared with about 24% of estimated e-bike emergency room injuries in 2024, according to a study from H&P Law. The contrast puts the interaction between electric bicycles and larger vehicles at the center...

Nearly Four in Five Children Killed in School Transportation Crashes Were Outside School Vehicles

Millar Law Firm’s analysis of a decade of federal crash data shifts attention toward pedestrian crossings, surrounding traffic and the gaps in protection along students’ routes. The most revealing number in a national study of school transportation deaths may be the share of children who were not riding...

Piercing the Corporate Veil: When Courts Disregard Limited Liability

When an entrepreneur registers a corporation or a limited liability company, statutory law establishes the organization as a distinct legal person. This fundamental separation protects officers, directors, and equity holders from personal liability for business obligations. If a company defaults on a commercial lease or incurs trade...

Kevin L. Sullivan II Includes Workers’ Compensation in His Practice

A workplace incident can leave an employee sorting through messages, appointment details, and questions about work. When researching legal services, a useful starting point is whether a lawyer’s stated practice includes workers’ compensation. Kevin L. Sullivan II lists workers’ compensation among the services on his website. The subject...

Veterans Search for VA Appeal Help 154% More, Even as Claims Move Faster Than Ever

Veterans are searching for help to fight denied disability claims at a pace never seen before. Searches for “VA disability appeal” rose 154% in a year. That is the sharpest rise of five VA benefit terms in a new study by Chisholm Chisholm & Kilpatrick (CCK Law). The...