When you’ve been charged with a crime, you will likely hear terms that you’ve never heard before or don’t fully understand. The California criminal justice system is complex, but having a general understanding of the process can help get rid of some fear of the unknown.

Arrested or Indicted?

A major area of confusion for many people is arrest versus indictment. These terms are often used interchangeably, but they are not the same thing. The difference depends on the finding of probable cause. Both an arrest and an indictment involve criminal charges being filed against you, which contributes to the confusion around the terms.

When you have an experienced criminal defense attorney representing you and providing valuable legal guidance, you can turn to them for clarification whenever you feel unsure about the status of your charges or need help addressing an element of your case. Sheny Gutierrez has over 15 years of experience with California criminal cases, and his commitment to justice and the tireless defense of his clients is a valuable asset when you’ve been charged with a crime.

What is an Arrest?

Being arrested or charged with a crime means that a prosecutor found probable cause to accuse and charge you with a crime. In most cases, the prosecutor will file charging documents with the court, called informations or criminal complaints, that describe the charges and their basis. Prosecutors can file misdemeanor charges or felonies.

If you are charged with a felony, a preliminary hearing will be held to allow a judge to decide on whether probable cause exists. One notable exception is if you are indicted by a grand jury. In cases involving a grand jury indictment, you will not attend a preliminary hearing. Grand juries may be requested by a prosecutor in place of filing charges in the following circumstances:

  • You are believed to have committed a serious felony

  • The case has interest or scrutiny from the public

  • The prosecutor is unsure of the strength of their case

  • A public officer or public figure is involved in wrongdoing

  • There are witnesses who are serving time in prison

What is an Indictment?

An indictment is when a grand jury files criminal charges against you, and it is sometimes used in place of an arrest in the scenarios mentioned above. Indicted does not mean convicted; this is a common misconception. The grand jury indictment cannot be used to prove you committed a crime, either.

A grand jury is a process when a jury decides if there is sufficient evidence to officially charge you with a crime. These indictment proceedings are vastly different from criminal jury trials. Some key differences of grand juries include the following:

  • There is no presiding judge in a grand jury proceeding.

  • Grand juries are closed to the public.

  • Grand juries do not need to be unanimous decisions.

  • The accused person is not part of the grand jury proceeding unless called on to testify.

When the grand jury makes their decision about whether or not to charge you with a crime, you may hear the terms true bill or no bill. A true bill means that you have been indicted because the grand jury found enough evidence to charge you. No bill means there was insufficient evidence.

If you have questions about an indictment versus a conviction or an indictment versus an arrest, it may be a good idea to contact the Law Offices of Sheny Gutierrez for a free consultation. We are happy to discuss your case and help clear up any confusion you may have about your upcoming criminal hearings or confusing terminology.