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.
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.
