What Is the Difference Between Being Indicted and Charged?

The difference between being indicted and charged relies on who files the charges. “Being charged” with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant.

What Is the Difference Between an Information and an Indictment?

The State of Florida allows prosecutors to decide between two ways of charging you: via “an information” or “an indictment.”

• An information: The prosecutor can review evidence and information submitted by the police officer (a complaint) and decide, based upon this content, whether to file charges. This method of filing charges is referred to as “prosecution by information,” and in Florida it does not involve a grand jury or, in most cases, a preliminary hearing.
• An indictment: Alternatively, the prosecutor can present the evidence to the grand jury. If the grand jury decides that sufficient evidence of a criminal offense exists, it will issue an indictment. This method of filing charges is referred to as “prosecution by indictment,” and does not require a preliminary hearing.

All capital felony cases require an indictment.

How Does an Arrest Via an Indictment Work?

Prosecutors have much discretion when it comes to deciding whether to prosecute a defendant, what charges to pursue, and the means through which to file the charges. In federal felony cases and in Florida capital cases, the prosecutor needs the grand jury to indict the defendant. Florida prosecutors can also choose to take other serious cases to a grand jury. To do this, s/he presents a list of charges against the accused along with evidence to the grand jury and asks it to bring charges against the accused.

Unlike a regular jury (called a “petit jury”) whose role is to determine the guilt or innocence of a defendant, a grand jury only decides whether there is sufficient evidence to file formal charges. The only parties involved in the grand jury process are the jury and the prosecutor. Neither the accused party nor his attorneys can attend and offer and arguments, and there is no judge.

If the grand jury thinks there is enough evidence of criminal activity, it will return a “true bill” and issue an indictment.

How Does an Arrest Via an Information Work?

In most Florida state cases, the case begins with an information. The State Attorney’s Office reviews the police reports, often takes sworn testimony from witnesses, and then files the information, a sworn charging document, with the court. No grand jury is involved.

Florida does not hold a preliminary hearing in most cases. A judge reviews probable cause at first appearance, usually within 24 hours of arrest. A defendant arrested on a felony who has not been formally charged within 21 days can ask for an adversary preliminary hearing, where the defense can cross-examine witnesses and challenge whether probable cause exists.

In federal court, the Fifth Amendment requires a grand jury indictment for felony charges unless the defendant waives it. A federal case may start with a criminal complaint, followed by a preliminary hearing or an indictment.

Does It Matter Whether I Am Charged Via an Information or Indictment?

Yes and no. Prosecutors often favor indictment because the grand jury process serves as a test trial, providing them an opportunity to see how a jury would decide in a real trial. From the defense side, the main difference is practical: grand jury proceedings are secret, and neither the accused nor defense counsel takes part.

In either case though, both charging instruments — indictment and information — lead to the same place: you will face formal charges. Once charges have been filed, pre-trial activities begin.