When someone is accused of a crime, terms like “charged” and “indicted” are often used interchangeably—but they mean different things. Understanding the distinction is critical if you’re facing criminal allegations in Maryland or anywhere else in the United States.
What Does It Mean to Be Charged?
Being charged means a prosecutor has formally accused someone of committing a crime. This can happen in several ways:
- Misdemeanors and some felonies: Prosecutors can file charges directly by submitting a criminal complaint or information to the court.
- Charges may be based on a police report, witness statements, or other evidence.
A criminal charge is the starting point of the case and leads to an initial court appearance, such as an arraignment or bail hearing.
What Is an Indictment?
An indictment is a formal charge issued by a grand jury after reviewing evidence presented by a prosecutor. It’s most commonly used in serious felony cases. The grand jury process is secret, and the defendant usually does not participate.
If the grand jury finds probable cause, it issues a “true bill” of indictment, formally accusing the individual of the crime.
Key Differences Between Indicted and Charged
| Term | Who Decides | Typical Use | Public Process? | Seriousness |
|---|---|---|---|---|
| Charged | Prosecutor | Misdemeanors & felonies | Yes | Varies |
| Indicted | Grand Jury | Serious felony cases | No (secret) | Serious |
Does Maryland Use Indictments?
Yes. In Maryland, prosecutors can file charges by information or by indictment. Serious felony cases—especially those involving violent crimes, drug trafficking, or homicide—may go through the grand jury process.
Indicted vs Convicted: What’s the Difference?
Being indicted and being convicted are fundamentally different stages of the criminal justice process. An indictment means a grand jury has determined there is enough evidence to formally charge you with a crime — it is the beginning of a criminal case, not the end. A conviction, on the other hand, occurs only after a trial where the prosecution proves guilt beyond a reasonable doubt, or when the defendant pleads guilty. Many people who are indicted are never convicted. An indictment does not mean you are guilty; it means the government believes it has enough evidence to proceed with prosecution. You retain your presumption of innocence until a conviction is obtained. Understanding this distinction is critical if you or a loved one has been indicted in Maryland.
What Does It Mean to Be Indicted?
When you are indicted, it means a grand jury — a group of citizens assembled by the court — has reviewed evidence presented by the prosecutor and concluded that probable cause exists to believe you committed a crime. In Maryland, indictments are typically used for felony cases in Circuit Court. The grand jury process is one-sided; the defense does not present evidence or cross-examine witnesses during this stage. Because the standard is probable cause (not proof beyond a reasonable doubt), indictments are relatively easy for prosecutors to obtain. However, being indicted triggers your right to a full trial, the right to an attorney, and all other constitutional protections. If you have been indicted, securing experienced legal representation immediately is essential to building your defense. Learn more about the indictment process in Maryland.
Why the Difference Matters
- If you’ve been charged, your case is already public and progressing through the courts.
- If you’ve been indicted, it likely means the prosecution has invested significant time and resources—and the stakes may be higher.
Facing Charges or an Indictment in Southern Maryland?
At Southern Maryland Criminal Defense, we defend people accused of crimes in Prince George’s, Charles, Calvert, and St. Mary’s Counties. Whether you’ve been charged or indicted, our criminal defense team will help you understand your rights and fight for the best outcome.
