Convicted vs Indicted: Must-Know Basic Differences!
It should be no surprise most of the terminologies in the criminal justice system are often complicated by legal languages.
A conviction is markedly different from an indictment no matter how much they sound alike, they are as far from each other as light and darkness, chalk and cheese… extravaganza and reality.
A conviction, therefore, occurs if the last-instance trier of fact – the jury – or the judge, or the person being accused convicts him or herself by pleading guilty in court.
This suggests that a subject is a criminal in phrases of affordable doubt. IN its turn, an indictment occurs where a grand jury has enough cause to vote on proceeding with a charge.
It most definitely does not also mean that an individual is guilty of something. It is an old lawyer’s proverb that one can even find grounds for an indictment in a ham sandwich.
The meaning of this is that an indictment is not very hard for a prosecutor to obtain thus turning it into more of a mere procedural motion.
Even worse, when a prosecutor presents a case to a grand jury, and the indictment is returned as ‘no bills,’ the prosecutor can gather the evidence again and present it to another grand jury.
That is significantly distinct from a guilty verdict where a prosecutor must convince a jury to reach a unanimous decision, and if they acquit a person, the prosecutor cannot revive the case.
It is wrong to say that an indictment does not deserve any attention, but an indictment should be viewed as the initial step in the case and ought not to be merged with a verdict.
Note: only felonies do require an indictment anyway in Texas; misdemeanors only need “Information” to be filed in court.
So if you are being charged in central Texas feel free to contact Atx Legal. We can provide a complimentary case consultation by phone about your case.
If you need a clearer definition of an indictment or further information about charges then click on the headings below.
Definition of an Indictment
An indictment, federal or otherwise, is a charge in a case, usually given by a grand jury. It occupies an important place in the criminal justice process as a decision whether there is not enough evidence for a suspect to be charged and have a trial.
In the case of federal offenses, the case is initiated by way of a grand jury indictment, whereas state offenses may not.
The procedure of indictment helps to avoid the bias of the juridical system against the accused person and guarantees him a fair trial.
An indictment is not a verdict it is a process of forums how much of the evidence is sufficient to charge someone with a crime it is a probable cause.
This process is anchored on constitutional law and is part of all necessary procedures required for the accused person.
Remember, this article mostly covers state criminal laws of Texas. It is quite a different procedure if criminal charges are involved and the alleged offender has committed a federal crime.
Federal indictments are usually very serious and the best advice anyone receives would be to contact their criminal attorney as soon as possible.
Grand Jury Proceedings
Grand jurors are citizens who hear the case and decide whether or not to make an indictment. Grand jury hearings are generally in camera and the accused does not testify.
A grand jury is persuaded by federal prosecutors and arrives at its verdict depending on the evidence they present.
The grand jury’s duty is to decide whether there should be a trial or not The jury is made of 12 members and only 9 are required to agree to a decision which means it is not unanimous.
The primary justification of the open nature of grand jury proceedings is to safeguard the accused’s image should there be no indictment presented while the secondary rationale of closed proceedings is to allow witnesses to testify without undue intimidation.
In federal cases, it is the grand jury that has the power to send someone to trial by issuing an indictment.
Fees and Commitment Trials
Grand jury releases have the implication that the accused person is going to be charged with the crime.
In Federal Court, the accused may also be able to ask for a preliminary hearing where a judge decides whether the case should go to trial.
The preliminary hearing enables the accused person to cross-examine evidence and seek discharge of the case.
This stage is considered vital mainly because the accused has the chance to examine the prosecution’s evidence for the first time and cases can be dismissed for lack of sufficient evidence.
It is strongly advised that a lawyer be engaged in this process for him/her to be able to handle it properly.
The Indictment Process
Arrest and Initial Appearance
Should the grand jury return an indictment, it is very common for the accused to be taken into custody and brought before a judge for an ‘arraignment’.
At the initial appearance, the judge will explain to the accused person the available rights and the specific charges preferred against his or her person.
The accused will also be informed of his or her entitlement to an attorney and their chance to ask for another hearing.
Motions hearing may be conducted within the initial appearance within 24 to 72 hours of arrest.
This first introduction opens the legal processes that follow and confirms that the accused comprehensively understands his or her rights and what he or she is up against.
The first impression is considered one of the paramount stages of the legal procedure in case of conviction of an accused
Arraignment and Pre-Trial Motion
After the first appearance the accused will be arraigned and informed of the charges preferred against them and plead.
They also may go for pre-trial motions in which they can demur to the evidence adduced or pray for the charges to be dismissed.
The pre-trial motion is a procedural form where an accused seeks to challenge a prosecution’s case so as to prepare for a trial.
During the trial phase of the case, the prosecution is required to convince beyond any reasonable shadow of a doubt that the defendant is guilty.
The motions are normally recalled to a judge, while the accused has the privilege to obtain legal advice.
The motions that can be filed before trial can affect the direction of a criminal case to a great extent which include: the question of whether particular evidence is should be allowed or not; whether the arrest was legal or not; and whether there has been any violation of the Constitution.
The Road to a Criminal Trial
Trial and Decision
The accused has an opportunity to testify in his defense, and the prosecution will alternately present its case for the complete trial.
The accused has every legal right to legal representation, and the trial is held in front of the judge and jury.
Generally speaking, the prosecution is endowed with the responsibility of providing evidence to support the charges in any criminal trial and this has to be a positive kind of evidence.
But in Kenya if, and only if the defendant is found guilty will he or she be penalized as the law provides for.
What are the Differences between Being convicted and being indicted?
It only means that a grand jury prosecutes a person with a certain crime. A conviction is clear in proposition to every layman in the sense that the accused has to be proved beyond a reasonable doubt to be guilty of the offense he is charged with.
The only difference that one can distinguish between the two is that a conviction is legally a finding while an indictment is legally a charge.
When talking about prosecution in the criminal justice system it automatically becomes essential for the people to be able to distinguish between indictment and conviction..
An indictment sets the tone or roadmap of the prosecution while a conviction reads the conclusive judgement of guilty throughout the process.
Conclusion
Therefore, being indicted is different from being convicted in the criminal justice system altogether.
An indictment has the meaning of charging, alleging or accusing one of the commission of the offense on the other hand a conviction means a declaration that one is found guilty of the charge or having committed a particular offense.
The indictment process serves to provide the accused a fair trial and the accused is entitled to counsel from the time of indictment.
If one has read the above information and if he or she, or anybody he or knows is indicted or convicted of a crime, then it is recommended that he speaks to an attorney.
Criminal defense attorneys point to the fact that every case is unique and they will be able to guide you through this tangled jurisprudence quagmire that exists and make sure all your rights are protected.
