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Indictment Vs. Charge


In New York, understanding the nuances between being indicted and being charged with a criminal offense is important, as these legal actions are fundamental parts of the criminal justice system. Being indicted for a crime means that a defendant has been charged by a grand jury, while a charge is a formal allegation brought by a prosecutor. Delving into the procedural differences and significance of these terms can provide valuable insights into the workings of the New York legal system, offering individuals a clearer understanding of their rights and the potential consequences they might face when involved in a criminal case.

If you or someone you know is facing an indictment or has been charged with a crime in New York, don’t hesitate to reach out to a qualified criminal lawyer for guidance and support. A criminal lawyer can provide valuable insights into the specific charges, explain your rights, and formulate a strong defense strategy tailored to your unique circumstances. With the help of a skilled criminal lawyer, you can navigate the legal complexities with confidence and increase your chances of achieving the best possible outcome in your case. Whether it’s negotiating with the prosecution, uncovering crucial evidence, or representing you in court, a New York criminal defense attorney is your advocate throughout the entire legal process. To learn more about the differences between an indictment and a charge, contact a skilled criminal defense attorney today.

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Understanding the Difference Between Being Indicted and Being Charged

Two terms that frequently come up in criminal law are ‘indictments’ and ‘charges.’ These terms are fundamental to how the criminal justice system functions, yet their differences can often be confusing. 

What is an Indictment?

An indictment is a formal accusation that initiates a criminal case as presented by a grand jury. A grand jury is a group of citizens brought together to review the evidence and determine whether there is a sufficient foundation to believe a crime has been committed. The grand jury process is often employed for serious crimes and is a critical step in the U.S. federal legal system, though its use varies at the state level. An indictment is not a verdict or determination of guilt; instead, it is a formal way of charging someone with a crime. It is a written statement outlining the details of the crime, including the statute allegedly violated and the significant facts that support the violation.

What is a Charge?

A charge, on the other hand, is a formal allegation made by the prosecution that a specific person has committed a crime. Charges are typically presented in the form of a “complaint” or “information,” which are written statements prepared by the prosecutor or law enforcement officials. A charge may be the result of a preliminary hearing where a judge determines if there is enough evidence to proceed with a trial. The charged person, known as the defendant, will then plead to the charge: guilty, not guilty, or no contest.

Relationship Between an Indictment and a Charge

Indictments and charges both serve to formally accuse an individual of a crime and begin the criminal justice process. They are a necessary step in ensuring the defendant is informed of the accusations against them and their rights in the legal proceedings.

In essence, an indictment is a type of charge, but not all charges are indictments. The process leading to an indictment is often more involved due to the grand jury’s role, and typically reserved for more serious crimes. Once an individual is indicted or charged, the case proceeds to the trial phase, unless a plea bargain is reached or the charges are otherwise resolved.

IndictmentA formal accusation initiating a criminal case presented by a grand jury. It involves a group of citizens reviewing evidence to determine if there is sufficient basis for a crime. It outlines details of the crime, statute allegedly violated, and supporting facts.
ChargeA formal allegation made by the prosecution that a specific person has committed a crime. Presented as a “complaint” or “information” by the prosecutor or law enforcement officials. The defendant will plead guilty, not guilty, or no contest.
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The Purpose of Indictments and Charges in Criminal Law

Indictments and charges are crucial to the criminal justice process as they lay the groundwork for a criminal trial. By formally accusing an individual of a crime, they initiate criminal proceedings. Indictments and charges provide a clear, concise statement of the allegations against the accused

How Indictments and Charges Protect the Rights of the Accused

The procedures surrounding indictments and charges are structured in a way that safeguards the rights of the accused. For instance, the Fifth Amendment to the U.S. Constitution stipulates that “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.” This provision ensures that an individual cannot be brought to trial for serious offenses without a proper grand jury review.

Similarly, the process of charging a defendant serves to protect the rights of the accused by providing them with an opportunity to challenge the sufficiency of the evidence at a preliminary hearing before a judge. It also ensures that the accused is informed of the specific charges against them, allowing them to mount an appropriate defense.

The Grand Jury and the Indictment Process

A Grand Jury holds a significant role within the United States legal system. Its primary function is to determine whether there is enough evidence to charge a person with a felony. This body forms a crucial part of the indictment process, serving as a safeguard against arbitrary and unfounded accusations.

What is a Grand Jury?

A Grand Jury is a group of citizens, typically larger than a trial jury, usually composed of 16 to 23 members. The Grand Jury’s main task is to review the evidence and decide if there is sufficient cause to believe a crime has been committed. Unlike a Petit Jury, which determines guilt or innocence in a trial, the Grand Jury only assesses if there’s enough evidence for a case to proceed to trial.

The Grand Jury system is unique in its operation. The proceedings are closed to the public to protect the identity of the accused if the jury decides not to indict, and to encourage witnesses to speak freely. A judge is not present; instead, the prosecutor runs the proceedings. The accused may be called to testify but do not have the right to be present otherwise. Furthermore, the accused’s attorneys do not have a right to present before the Grand Jury or even to be in the room if their client is testifying.

The Grand Jury system’s design aims to serve as a check on the government’s power. It prevents the government from charging someone with a crime without sufficient evidence. In the United States, the use of Grand Juries is guaranteed in federal felony cases by the Fifth Amendment to the Constitution.

The Grand Jury Indictment Process

The indictment process involves several key steps:

Presentation of Evidence by the Prosecutor

The initial phase of the Grand Jury process involves the prosecutor presenting evidence to the Grand Jury. This evidence can come in various forms, such as eyewitness testimonies, recorded conversations, photographs, documents, and other pertinent materials. It’s crucial to note that, unlike a trial, the rules of evidence in Grand Jury proceedings are usually more relaxed. For instance, hearsay evidence, which is typically inadmissible in court trials, can often be introduced in these proceedings. This flexibility allows the Grand Jury to have a broader view of the alleged criminal activity and its context.

Deliberation by the Grand Jury Members

After the prosecutor presents all the evidence, the Grand Jury members deliberate over it. Their task is to decide whether there is “probable cause” or sufficient evidence to believe that a crime has been committed and that the accused person is responsible for it. This stage involves a thorough review and discussion of the evidence, weighing its credibility and relevance to the alleged crime.

Decision to Issue an Indictment or a “True Bill”

If a majority of the Grand Jury members agree that there is probable cause, they issue an indictment, also known as a “true bill.” This indictment formally charges the individual with the crime and initiates the criminal trial process. It’s a critical step in the criminal justice process, as it officially puts the accused on notice of the charges they face and triggers their rights to a fair trial and legal representation.

Decision to Return a “No Bill”

On the flip side, if the Grand Jury does not find probable cause, it returns a “no bill,” meaning no indictment is issued. In this case, the individual will not be charged with a crime based on the evidence presented to that Grand Jury. The return of a “no bill” can be seen as a form of check and balance in the criminal justice system, preventing individuals from being subjected to a public trial when the evidence of their guilt is not convincing.

The Standard of Proof

It’s essential to understand that the standard of proof required for an indictment (“probable cause”) is lower than the standard of proof required for a conviction at trial (“beyond a reasonable doubt”). In other words, an indictment does not mean the individual is guilty of the crime; it merely means there’s enough evidence to bring the case to trial. If a Grand Jury issues an indictment, the prosecution still has the burden of proving the defendant’s guilt beyond a reasonable doubt at the ensuing trial.

The role of the Grand Jury is fundamental in the U.S. legal system. It serves as a critical buffer between the government and the citizens, ensuring that there’s adequate evidence to merit a criminal trial. However, the Grand Jury process is not without its controversies, primarily due to its secretive nature and the absence of a defense representation, among other issues. Despite these contentions, the Grand Jury process remains a substantial part of the criminal justice system, shaping the trajectory of criminal cases and safeguarding citizens’ rights.

The Prosecutor and the Charging Process

In the criminal justice system, the prosecutor plays a crucial role in enforcing the law, representing the state or federal government in criminal cases, and ensuring justice is served. The process through which a prosecutor brings charges against a defendant is an essential part of this role.

What is a Prosecutor?

A prosecutor is a legal representative responsible for presenting the case in a criminal trial against an individual or a group accused of violating the law. They represent the state or federal government, not the victim. As public officials, prosecutors can work at different levels of the government, such as the local (District Attorney), state (State Attorney General), or federal (U.S. Attorney) levels. They review evidence from law enforcement investigations, determine whether a crime has been committed, and decide the charges to bring against a suspect. 

Prosecutors wield significant discretionary power in the criminal justice system, including the decision to bring charges, what charges to bring, whether to offer a plea deal, and how to argue the case in court. However, it’s important to note that a prosecutor’s ultimate goal is not merely to secure convictions but to ensure justice is served. They are obligated to pursue a fair and impartial process, presenting all relevant evidence, even that which might exonerate the suspect.

The Prosecution Process

The process through which a prosecutor brings charges against a defendant is a complex one, involving several stages that are carefully structured for both fairness and efficiency:

Arrest Process

An arrest occurs when a law enforcement official, under the belief that an individual has committed a crime, detains that individual. The severity of the crime, ranging from minor infractions to felonies, and the individual’s criminal history, dictate the immediate aftermath. Minor offenses may result in a Desk Appearance Ticket (DAT) detailing the court appearance schedule, while serious crimes or individuals with a criminal record may lead to detention until arraignment, typically within a day of the arrest.


The arraignment is the defendant’s first court appearance where the charges are formally presented, and the defendant submits a plea. The judge also determines the bail amount during this stage, with the defendant’s attorney and the Prosecutor arguing for an appropriate amount. Additional issues, such as suspension of privileges in the case of a DWI charge, may also be addressed. The defendant could continue on Release on their Own Recognizance (ROR) status if issued a DAT, allowing them to remain free without posting bail.

Felony Hearing or Grand Jury Action

In the event of a felony charge where the defendant is in custody due to inability to post bail, the prosecution is required to present evidence to a Grand Jury within six days following the arrest. Alternatively, a felony hearing may be conducted to ascertain if there is sufficient evidence to detain the defendant while awaiting a Grand Jury. The defendant could be arrested and arraigned upon issuance of an Indictment.

Motions, Discovery, and Investigation

Defense attorneys often file pre-trial motions such as suppression of evidence or requests for disclosure. In New York, pre-trial discovery in criminal cases is limited, and defense attorneys may need to conduct their own investigations, which can include hiring private investigators.

Plea Bargaining

Most criminal cases are resolved by plea agreements, wherein the defendant pleads guilty to a lesser charge as part of an agreement brokered between the defense attorney and the Prosecutor. The judge has the final say in accepting a plea-bargained “guilty plea,” even if the Prosecutor recommends it.


Depending on the defense attorney’s motions, pre-trial hearings may be held to examine the lawfulness of the defendant’s statements or actions. If vital evidence is suppressed, the Prosecutor may not use it during the trial, potentially leading to case dismissal or renegotiation of a plea offer.


A defendant can choose between a jury trial or waiving that right in favor of a bench trial. A typical criminal trial progresses through several stages, from jury selection to the final verdict. The responsibility to prove the defendant’s guilt beyond a reasonable doubt lies completely with the prosecution.


After a guilty plea or verdict, sentencing follows. The judge delivers the sentence, guided by the prosecution’s recommendation, within the statutory minimum and maximum ranges for the crime committed. Penalties vary, with over a year in prison for felonies and a maximum of a year or less for misdemeanors. Non-jail sentences like probation could also be a possibility.

Each of these stages is designed to provide a fair and thorough examination of the evidence against the defendant, while also protecting the defendant’s constitutional rights. The prosecution process is a critical component of the criminal justice system, ensuring that crimes are adequately investigated, and that suspects are held accountable for their actions in a manner that is both just and lawful.

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The Role of a New York Criminal Defense Attorney During Indictment and Trial

The roles of a New York criminal defense attorney differ when facing an indictment compared to dealing with charges. An indictment is a formal accusation issued by a grand jury, stating that there is enough evidence to believe that a person has committed a crime. At this stage, the defense attorney’s role is crucial in preparing a strong defense strategy even before the trial begins. They carefully scrutinize the evidence presented by the prosecution and work to challenge its validity or reliability. Additionally, they may attempt to prevent the case from proceeding to trial altogether by seeking to have the indictment dismissed or reduced.

On the other hand, when dealing with charges, the defense attorney focuses on contesting the accusations presented in court. After the indictment, the accused is formally charged with the alleged crime, and the trial process commences. The defense attorney’s primary responsibility now is to advocate for the defendant in court, cross-examine witnesses, present evidence in favor of the accused, and challenge the prosecution’s case. They aim to create reasonable doubt in the minds of the jury or judge, which could lead to an acquittal. Defense attorneys may also engage in negotiation with the prosecution to secure a plea bargain for the defendant, when appropriate, and ensure that the defendant’s rights are protected.

Working with a Knowledgeable New York Criminal Defense Attorney

The significance of working with a competent criminal defense attorney in the face of indictment and charges in New York, cannot be overstated. When accused of a crime, individuals are confronted with a complex and often intimidating legal process that can have life-altering consequences. A skilled attorney brings invaluable expertise, experience, and strategic thinking to navigate through the intricacies of the justice system and safeguard the defendant’s rights.

A knowledgeable New York criminal defense attorney acts as a steadfast advocate, meticulously examining the evidence, identifying weaknesses in the prosecution’s case, and presenting compelling counterarguments. Their ability to negotiate with prosecutors and explore potential plea deals can lead to reduced charges or even the dismissal of the case altogether. Moreover, they provide much-needed emotional support during this challenging period, ensuring that the defendant understands their legal options and has a clear grasp of the potential outcomes. If you find yourself in a difficult legal situation, don’t hesitate to seek the guidance of a competent criminal defense attorney.

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