Convicted vs Indicted: Understanding the Key Differences

Legal terms in the criminal justice system can be confusing. When it comes to a conviction vs. an indictment, the terms can seem similar, but they are very, very, VERY different from one another. A conviction only happens when a person is found guilty by a jury, judge, or he/she pleads guilty in a court of law. It means that a person is guilty beyond a reasonable doubt. An indictment, on the other hand, happens when a grand jury decides there is enough evidence to proceed with charges. It certainly does NOT mean a person is guilty.

A lawyer once famously said that he could indict a ham sandwich. The meaning of this is that an indictment is relatively easy for a prosecutor to get, reducing it to a mere formality. Worse than that, if a grand jury “no-bills” a case, the prosecutor can simply regroup and present to another grand jury. Compare that to a guilty verdict, where a prosecutor must get a jury to agree to a unanimous verdict, and if they find a person not guilty, the prosecutor cannot retry the case.

While it is incorrect to say that an indictment is not something to be taken seriously, it should be considered a preliminary stage of the case and should not be confused with a conviction. Note: in Texas, only felonies even require an indictment; misdemeanors require only an “Information” filed with the court. If you are facing charges in Central Texas, reach out to ATX Legal. We can give a no-cost phone consultation about your case.

Understanding Indictments and Charges

Definition of an Indictment

An indictment, including a federal indictment, is a formal accusation of a crime, typically issued by a grand jury. It is a critical step in the criminal justice system, as it determines whether there is insufficient evidence to proceed with formal charges and a trial. A grand jury indictment is usually required for federal crimes, while state crimes may use a different process. The indictment process is designed to ensure that the accused receives a fair trial.

An indictment is not a determination of guilt but rather a formal process to evaluate if there is sufficient evidence (aka probable cause) to charge someone with a crime. This process is rooted in constitutional law and is a key part of ensuring due process for the accused person.

Keep in mind, this article focuses on Texas state crimes. Criminal charges involving a federal crime can follow a different process. Federal indictments are usually very serious, and you should contact a criminal attorney asap.

Grand Jury Proceedings

Grand juries are groups of citizens who review evidence and decide whether to issue an indictment. Grand jury proceedings are typically closed to the public, and the accused is not present. The grand jury’s decision is based on the evidence presented by federal prosecutors. The grand jury’s role is to determine whether there is enough evidence to proceed with a trial. 9 0f 12 jurors must agree, so this means it doesn’t need to be unanimous.

The secrecy of grand jury proceedings is intended to protect the accused’s reputation in the event that no indictment is returned and to encourage witnesses to speak freely. Only a grand jury has the authority to issue an indictment in federal cases.

Charges and Preliminary Hearings

Grand jury indictments mean that the person accused will be formally charged with a crime. InFederal Court, the accused may also be entitled to a preliminary hearing, where a judge determines whether there is enough evidence to proceed with a trial. The preliminary hearing is an opportunity for the accused to challenge the evidence and argue for dismissal of the charges. The hearing is usually held before a judge, and the accused has the right to legal counsel. This preliminary hearing is not available under Texas criminal procedure.

This stage is crucial as it provides an early opportunity to test the prosecution’s evidence and can lead to the dismissal of charges if the evidence is deemed insufficient. The involvement of legal counsel is essential to navigate this process effectively.

The Indictment Process

Arrest and Initial Appearance

If the grand jury issues an indictment, the accused will typically be arrested and brought before a judge for an initial appearance. At the initial appearance, the judge will inform the accused of their rights and the charges against them. The accused will also be advised of their right to legal counsel and the opportunity to request a preliminary hearing. The initial appearance is usually held within 24-72 hours of the arrest.

This initial appearance sets the stage for the subsequent legal proceedings and ensures that the accused is fully aware of their rights and the nature of the charges they face. The initial appearance is a critical step in the legal process that can ultimately lead to a criminal conviction if the accused

Arraignment and Pre-Trial Motions

After the initial appearance, the accused will be arraigned, where they will be formally advised of the charges and enter a plea. The accused may also file pre-trial motions, which can challenge the evidence or argue for dismissal of the charges. The pre-trial motions are an opportunity for the accused to challenge the prosecution’s case and prepare for trial. The prosecution must prove the defendant guilty beyond a reasonable doubt during the trial phase. The motions are usually heard by a judge, and the accused has the right to legal counsel.

Pre-trial motions can significantly influence the course of a criminal case, addressing issues such as the admissibility of evidence, the legality of the arrest, and potential constitutional violations.

The Road to a Criminal Trial

Trial and Verdict

If the case proceeds to trial, the prosecution will present its evidence, and the accused will have the opportunity to defend themselves. The trial is usually held before a judge and jury, and the accused has the right to legal counsel. The prosecution must prove the accused’s guilt beyond a reasonable doubt. If the accused is found guilty, they will be sentenced according to the law.

The trial phase is where the determination of guilt or innocence is made, and the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt.

Convicted vs Indicted: What’s the Difference?

Being Convicted vs Being Indicted

Being indicted means that a grand jury has issued a formal accusation of a crime. Being convicted means that the accused has been found guilty of the crime beyond a reasonable doubt, resulting in a criminal conviction. The key difference between the two is that an indictment is a formal accusation, while a conviction is a formal finding of guilt. Understanding the difference between being indicted and being convicted is critical in the criminal justice system.

While an indictment initiates the formal process of prosecution, a conviction concludes it with a definitive judgment of guilty.

Conclusion

In conclusion, being indicted and being convicted are two distinct concepts in the criminal justice system. An indictment is a formal accusation of a crime, while a conviction is a formal finding of guilt. The indictment process is designed to ensure that the accused receives a fair trial, and the accused has the right to legal counsel throughout the process. If you or someone you know has been indicted or convicted of a crime, it is essential to seek the advice of a qualified attorney. Legal representation can make a significant difference in navigating the complexities of the criminal justice system and protecting your rights.