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What is the difference between indictment vs arrest?
In this article, you’ll learn about:
Let’s dig in.
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An arrest is when the police take someone into custody because they believe the person committed a crime.
It’s usually the first step in the criminal justice process.
During an arrest, the police may handcuff the person and take them to the police station.
An indictment is a formal charge for a serious crime.
It comes from a grand jury, a group of people reviewing evidence.
The grand jury decides if there’s enough evidence for a trial.
An arrest is taking someone into custody.
An indictment is a formal charge for a crime that means the case is serious enough to go to trial.
An arrest can happen with or without an indictment, and an indictment can happen without an arrest.
They are two separate steps in the legal process.
Both an indictment and an arrest are part of the criminal justice process.
They’re steps that can lead to a trial.
In both cases, authorities think someone committed a crime.
With an arrest, the police believe it.
With an indictment, a grand jury believes it.
They both use evidence.
Police need some evidence or reason to arrest someone.
A grand jury looks at evidence to decide on an indictment.
Both can happen before a trial.
An arrest can be the first step, and an indictment can come after.
Lastly, they’re both important for holding people accountable for crimes.
They help make sure the law is followed and that justice is served.
An arrest is when police take someone into custody for a suspected crime.
The police need to have good reason to believe the person did something illegal.
During an arrest, the person is usually handcuffed and taken to the police station.
An indictment is a formal charge for a serious crime.
It comes from a grand jury, not the police.
A grand jury is a group of people who look at the evidence to see if it’s strong enough for a trial.
Here are the key differences:
An arrest is the police taking someone in.
And an indictment is a grand jury saying the case is serious and should go to court.
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Let’s dig into the indictment side of indictments vs arrests.
An indictment is a formal charge against someone for a crime.
A group called a grand jury issues it.
The prosecutor shows evidence to the grand jury.
If the grand jury thinks there’s enough evidence, they issue the indictment.
This means they believe the person should go to trial.
Indictments are usually for serious crimes.
This process starts the court case against the person.
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When someone is indicted, it means a group called a grand jury believes there’s enough evidence that the person might have committed a crime.
This group has looked at the evidence presented by a prosecutor.
The indictment is a formal document that lists the charges against the person.
It’s like an official statement saying, “We think this person should stand trial to see if they’re guilty.”
Being indicted doesn’t mean the person is guilty.
It just starts the court process where lawyers will present evidence and arguments.
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The grand jury process starts when a prosecutor brings evidence of a serious crime.
They meet in private, and the accused person usually doesn’t get to present their side.
The prosecutor shows the grand jury things like documents, witness testimonies, and physical evidence.
This helps the grand jury decide if there’s enough evidence for a trial.
The grand jury then votes.
If enough members believe there’s strong evidence, they issue an indictment.
This is a formal charge that tells the accused person what crime they’re being accused of.
The indictment means the case will go to trial.
It doesn’t mean the person is guilty. That’s for a trial jury to decide later.
The issuance of an indictment is when a grand jury formally charges someone with a crime.
A grand jury is a group of people who look at the evidence presented by a prosecutor.
They decide if there’s enough evidence to believe someone committed a serious crime.
If the grand jury thinks there is enough evidence, they issue an indictment.
This indictment is like an official statement saying the person should face trial for the crime.
It’s an important step in the legal process for serious crimes.
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In federal courts, an indictment is almost always required for felony cases.
A grand jury reviews the evidence and decides if there’s enough for a trial.
Federal grand juries usually have 16 to 23 members.
In state courts, the use of indictments varies.
Some states use grand juries like federal courts.
Other states use a different process called a preliminary hearing.
In a preliminary hearing, a judge looks at the evidence instead of a grand jury.
The judge decides if the case should go to trial.
So, federal courts mainly use grand juries and indictments for serious crimes.
State courts might use grand juries, or they might use preliminary hearings with a judge.
The choice depends on the state’s laws.
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Let’s dig into the arrests side of indictments vs arrests.
An arrest is when the police take someone into custody because they believe the person has committed a crime.
It usually happens when there’s enough evidence or reasonable belief of wrongdoing.
The police may use handcuffs and take the person to the police station.
During an arrest, the police usually read the person their rights, like the right to remain silent.
After the arrest, the person might get released or stay in jail until they see a judge.
An arrest is a serious matter and starts the process of dealing with the crime in court.
Probable cause for an arrest means that the police have solid reasons to believe someone committed a crime.
It’s based on facts, not just a hunch.
For example, if the police see someone breaking into a car, that’s probable cause for arrest.
It’s important because it protects people’s rights.
The police can’t just arrest someone for no reason.
They need evidence or facts that point to a crime.
This makes sure that arrests are fair and based on real suspicions.
Probable cause is a key part of the legal process.
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When police arrest someone, they usually follow these steps:
This is the general procedure for an arrest.
It helps keep things safe and organized and makes sure the person knows their rights.
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When you get arrested, you have several rights.
First, you have the right to remain silent.
This means you don’t have to answer questions from the police.
It’s to stop you from saying something that might hurt your case later.
Next, you have the right to an attorney.
You can ask for a lawyer as soon as you’re arrested.
If you can’t afford one, the court will provide one for you.
The police must also tell you why you’re being arrested.
They usually do this by reading you your Miranda rights.
These rights include your right to remain silent and your right to a lawyer.
You also have the right to a phone call.
You can use this call to contact a family member, a lawyer, or someone else who can help.
Finally, you have the right to be treated fairly and not be hurt by the police.
Knowing and using these rights can help protect you when you’re arrested.
Being indicted is a type of being charged, but it’s more specific.
When you’re indicted, a grand jury says there’s enough evidence for a trial on a serious crime.
The grand jury looks at the evidence and makes this decision.
Being charged is more general.
A prosecutor can charge you with a crime, big or small.
This doesn’t need a grand jury.
The prosecutor just files the charges based on evidence, often from the police.
In short, an indictment is a formal process for serious crimes with a grand jury involved.
Being charged can happen for any crime and doesn’t need a grand jury.
Here are some other questions our clients ask us about getting indicted vs arrested vs charged.
In court, an indictment means that a person is formally charged with a serious crime.
A group called a grand jury makes this decision.
The grand jury looks at the evidence given by a prosecutor.
If the grand jury thinks there’s enough evidence, they issue the indictment.
This tells the court that the case should go to trial.
It’s a way to make sure only strong cases with enough evidence go forward.
It’s an important step in the legal process for serious crimes.
After an indictment, the court tells the accused person about the charges.
This is called an arraignment.
The accused can plead guilty, not guilty, or no contest.
If they plead not guilty, the case moves toward a trial.
Before the trial, both sides gather evidence.
They might also negotiate a plea deal.
This means the accused agrees to plead guilty to a lesser charge to avoid a trial.
If no plea deal is made, the case goes to trial.
A jury or judge hears the evidence.
Then they decide if the accused is guilty or not guilty.
If found guilty, the judge decides the punishment.
This could be a fine, prison time, or other penalties.
If found not guilty, the accused is free to go.
The charges are dropped.
So, after an indictment, there’s an arraignment, possibly a plea deal, then a trial, and finally, a verdict and sentencing if found guilty.
An indictment doesn’t mean automatic jail time.
It’s a formal charge saying there’s enough evidence for a trial.
It’s the start of the court process.
After an indictment, the person goes to trial.
At the trial, the court looks at all the evidence.
If the person is found guilty at the trial, then they might get jail time.
But it depends on the crime and the judge’s decision.
If the person is found not guilty, they won’t get jail time.
So, an indictment is just a step in the legal process.
It doesn’t decide guilt or jail time by itself.
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Being indicted doesn’t mean you are guilty.
An indictment is just a formal charge.
It means a grand jury thinks there’s enough evidence to have a trial.
During the trial, the court looks at all the evidence.
Only if the court finds you guilty at the end of the trial, are you officially guilty.
Until then, you are considered innocent.
Being indicted is a step in the legal process, not a final verdict.
Being indicted does not mean you are arrested.
They are two different things.
An indictment is a formal charge.
It’s when a grand jury says there’s enough evidence for a trial on a serious crime.
An arrest is when the police take you into custody because they think you committed a crime.
You can be indicted without being arrested if the indictment happens after the crime and is based on evidence collected later.
You can also be arrested without being indicted if there’s not enough evidence for a grand jury to charge you with a serious crime.
In some cases, an arrest happens first, and an indictment follows if a grand jury thinks there’s enough evidence.
If you are facing an indictment, charges, or an arrest, fill out the form on this page.
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