Charged vs. Indicted: Understanding Texas Law

Has this ever happened to you? You're reading a news story about someone arrested for murder right here in Texas. You then see that the person was charged with a crime and later indicted, but what's the difference between the two legal terms?

Texas Criminal Charges vs. Indictment Process

According to the Texas-based firm, L&L Law Group PLLC., a person or entity who has been wronged can decide to file charges against their assailant. This often occurs after a police report is filed. If there is enough evidence, formal charges are then issued.

Common examples of criminal charges in Texas include the following:

• Assault
• Drug Possession
• Theft
• Family Violence
• Driving While Intoxicated (DWI)

Fun fact: Misdemeanors in Texas only need a victim's charge to proceed while felony charges will eventually require a jury review.

If you are curious, check out this story on the difference between felonies and misdemeanors in the Lone Star State.

Once formal accusations are presented to a grand jury (group of citizens not connected to the case), they are then subject to indictments. Indictment processes differ from charges because they are reviewed by a grand jury.

That's the key takeaway here: Criminal charges come from the victim while indictments come from a grand jury.

While indictments can be applied to misdemeanors, they are typically tied to felonies instead. The most common felony crimes that nearly always require an indictment are murder, sexual assault, burglary, and money laundering, among others.

It's also important to note that both indictments and charges can lead to long-term impacts on someone's life. Employment, obtaining licenses, and personal reputations can all be affected by charges. Indictments can result in the same, as well as increased bail conditions and further court orders for a period of time.

Common Myths About Charges and Indictments

L&L Law Group highlighted some common misconceptions surrounding these two legal terms. One common myth is that someone receiving criminal charges means they are guilty. This is not true. A charge is simply an accusation, nothing more. It's up to defense, evidence, and the court at a later date to determine if you are guilty or not guilty of the crime you have been charged with.

Another misconception is that indictments guarantee guilt. Someone who has been indicted by a grand jury just means that probable cause was found. It's not a final conviction.

So, now you know the difference between these two terms, and hopefully this will help you down the road with legal stories.👍