A charge and an indictment are both important steps in the criminal justice process, but they represent different stages and have different implications. Here’s how they break down:
- Charge: A charge is a formal accusation made by the prosecution asserting that a person has committed a specific crime. This is often the first step in the criminal process. After an investigation, if law enforcement believes they have enough evidence, they will bring charges against the suspected individual. The person charged with a crime will then appear in court for an arraignment, where they will be formally told of the charges against them and asked to enter a plea (guilty, not guilty, or no contest).
- An Indictment: An indictment is a formal accusation issued by a grand jury, a group of citizens who are called to review the evidence and determine whether there is sufficient cause to believe a person committed a crime. The grand jury process is typically used for serious felonies and checks the prosecutor’s power. If the grand jury issues an indictment, they believe there is enough evidence to proceed with a criminal trial.
So the main distinction is that a charge is an accusation brought by law enforcement or a prosecuting attorney. At the same time, an indictment is a formal accusation that results from a grand jury process. The processes and procedures can vary a bit depending on the jurisdiction and the nature of the crime. Also, not all criminal cases involve a grand jury or an indictment. For example, many states use a preliminary hearing before a judge rather than a grand jury to determine if there is enough evidence to proceed to trial in felony cases.
