What Is the Difference Between Being Charged and Being Indicted?
The key difference between being charged and being indicted is who files the charges and the legal process involved.
Being Charged
- A prosecutor files formal charges against a person based on evidence.
- Charges can be filed for misdemeanors or felonies.
- Charges come from a police investigation or direct complaint.
- No grand jury is needed—just probable cause.
- The case proceeds to arraignment and trial if charges are not dropped.
Being Indicted
- A grand jury reviews evidence and decides if formal charges should be filed.
- Indictments are usually for serious felony cases (e.g., murder, federal crimes).
- The prosecution presents evidence, but the defense does not participate.
- If the grand jury finds probable cause, they issue an indictment, leading to formal charges.
Bottom Line
- Being charged means a prosecutor directly files charges.
- Being indicted means a grand jury reviews evidence and approves charges—usually in serious cases.
