Facing criminal law charges is a frightening and unsettling experience, especially if this is a person’s first experience with the justice system. However, the defendant may not realize there’s a difference between being charged with a crime and facing an indictment. Taking the time to understand this difference will help them gain a better handle on their situation.

4 Differences Between Criminal Law Charges & an Indictment

1. Filing Charges

In most felony and misdemeanor crimes, criminal law charges are filed by the police, and this starts the process of prosecuting the accused. However, with capital crimes and those that carry a possible death sentence penalty, the prosecutor must first bring the case before a grand jury. Once the evidence has been presented, the grand jury will determine if the case can move forward, and if they vote in favor of bringing charges, they will issue an indictment.

2. Evaluating the Evidence

In a grand jury hearing, the defense attorney will not be present, but you may be asked to respond to questions posed by the grand jury. The grand jury and the prosecutor may ask questions of you and any other witnesses brought in to testify about the case. This will help the grand jury determine if there is enough evidence to issue an indictment.

Alternatively, the police may arrest you and file criminal charges if they believe there’s enough evidence against you. In some cases, they may first ask a judge to issue an arrest warrant. If the order isn’t sought in advance, it will be up to the prosecutor to examine the evidence and determine whether or not to pursue the charges against you. 

3. An Indictment Can Protect Defendants 

Since the police bring criminal charges, there’s no system of checks and balances in place to prevent overly ambitious officers or prosecutors from erroneously filing charges. Conversely, an indictment requires a grand jury hearing. This ensures that there is evidence that you have committed the crime, which helps to prevent people from being wrongfully prosecuted.

4. The Role of the Lawyers

Finally, consulting lawyers is essential in both situations, but for different reasons. Once you have been charged with criminal offenses, your lawyer will begin planning your defense and filing the necessary paperwork with the courts. However, when the case starts with a grand jury hearing, your defense attorney can counsel you in advance. If you have a lawyer who tells you what to expect in the trial, you’ll be better prepared to respond to the questions posed by the grand jury. This may be crucial in determining whether an indictment will be issued and in preparing your defense at trial.

When you are facing criminal law charges, it’s essential to work with an attorney who has the expertise in defending against misdemeanor and felony charges. The Walker Firm, located in Warner Robins, GA, can counsel you on the best defense strategy for your situation and may be able to help you obtain a more favorable outcome. To learn more about their experience and their areas of practice, browse their website. To set up an initial consultation, call (478) 923-4152.