# Legal terminology question **URL:** \ **Category:** Factual Questions\ **Created:** [December 9, 2012, 7:57pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527 "2012-12-09T19:57:45Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![Peanuthead](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peanuthead/32/360_2.png) [@Peanuthead](https://boards.straightdope.com/u/Peanuthead)\ **Post date:** [December 9, 2012, 7:57pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/1 "2012-12-09T19:57:45Z")
Are _indicted_, _arraigned_, and _charged_ different ways of saying the same thing or are they seperate legal terms? ---
**Author:** ![gms453](https://avatars.discourse-cdn.com/v4/letter/g/50afbb/32.png) [@gms453](https://boards.straightdope.com/u/gms453)\ **Post date:** [December 9, 2012, 8:11pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/2 "2012-12-09T20:11:23Z")
In PA, they are different: police charge (file a complaint), grand juries indict (determine probable cause), and courts arraign (inform accused of the crime for which s/he will be tried). ---
**Author:** ![Peanuthead](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peanuthead/32/360_2.png) [@Peanuthead](https://boards.straightdope.com/u/Peanuthead)\ **Post date:** [December 9, 2012, 8:16pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/3 "2012-12-09T20:16:35Z")
Thanks **gms**. I didn’t know if the newspapers were using them interchangably or they were different things. So, for all three terms it means you’ll wind up in court then. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [December 9, 2012, 8:35pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/4 "2012-12-09T20:35:11Z")
> [@Peanuthead](#): > > Are _indicted_, _arraigned_, and _charged_ different ways of saying the same thing or are they seperate legal terms? You have to search a “legal” dictionary. Lawyers don’t talk like us everyday, common folks. > **[Legal Dictionary - Law.com](https://dictionary.law.com/)** > > ALM's Law.com online Real Life Dictionary of the Law. The easiest-to-read, most user-friendly guide to legal terms. Use it free! > **[indicted](https://www.thefreedictionary.com/indicted)** > > Definition, Synonyms, Translations of indicted by The Free Dictionary [http://dictionary.findlaw.com](http://dictionary.findlaw.com) indictment _n. a charge of a felony (serious crime) voted by a Grand Jury based upon a proposed charge, witnesses’ testimony and other evidence presented by the public prosecutor (District Attorney). To bring an indictment the Grand Jury will not find guilt, but only the probability that a crime was committed, that the accused person did it and that he/she should be tried. District Attorneys often only introduce key facts sufficient to show the probability, both to save time and to avoid revealing all the evidence. The Fifth Amendment to the U.S. Constitution provides that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury….” However, while grand juries are common in charging federal crimes, many states use grand juries sparingly and use the criminal complaint, followed by a “preliminary hearing” held by a lower court judge or other magistrate, who will determine whether or not the prosecutor has presented sufficient evidence that the accused has committed a felony. If the judge finds there is enough evidence, he/she will order the case sent to the appropriate court for trial._ arraignment _n. the hearing in which a person charged with a crime is arraigned in his or her first appearance before a judge. This is the initial appearance of a criminal defendant (unless continued from an earlier time) in which all the preliminaries are taken care of._ charge \*n. 1) in a criminal case, the specific statement of what crime the party is accused (charged with) contained in the indictment or criminal complaint. 2) in jury trials, the oral instructions by the judge to the jurors just before the jury begins deliberations. This charge is based on jury instructions submitted by attorneys on both sides and agreed upon by the trial judge. ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [December 9, 2012, 8:50pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/5 "2012-12-09T20:50:22Z")
Is it possible for only some of these to take place in a case? For example, is there a jurisdiction where a person could get charged and arraigned, but they were never indicted? Or could a person be indicted and arraigned for a crime but by the time the case has made its way to final judgement the person was never actually _charged_ with anything? Or they were arraigned for DUI but the case was dismissed before they were charged or indicted? One place this could be meaningful is a background questionnaire - if a question asks, “Have you ever been charged with a crime?” but the truth is that you were _indicted_ but never _charged_, you might be able to justify answering “no”. ---
**Author:** ![Peanuthead](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peanuthead/32/360_2.png) [@Peanuthead](https://boards.straightdope.com/u/Peanuthead)\ **Post date:** [December 9, 2012, 8:57pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/6 "2012-12-09T20:57:16Z")
Okay, I think I got it. The _charges_ are the crime that was commited, the _indictment_ is the formal statement of those charges, and the _arraignment_ is the perp’s appearance before the judge. Yeah, you’re right **Door** , those guys talk funny. 🙂 ---
**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\ **Post date:** [December 9, 2012, 9:06pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/7 "2012-12-09T21:06:05Z")
> [@robert\_columbia](#): > > Is it possible for only some of these to take place in a case? For example, is there a jurisdiction where a person could get charged and arraigned, but they were never indicted? Or could a person be indicted and arraigned for a crime but by the time the case has made its way to final judgement the person was never actually _charged_ with anything? Or they were arraigned for DUI but the case was dismissed before they were charged or indicted? > > One place this could be meaningful is a background questionnaire - if a question asks, “Have you ever been charged with a crime?” but the truth is that you were _indicted_ but never _charged_, you might be able to justify answering “no”. If you were indicted (a true verdict by a grand jury), you must have previously been charged, since a charge is the purported crime for which you were arrested and subsequently arraigned (brought before the judge or magistrate). ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [December 9, 2012, 10:13pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/8 "2012-12-09T22:13:21Z")
> [@Peanuthead](#): > > Okay, I think I got it. The _charges_ are the crime that was commited, the _indictment_ is the formal statement of those charges, and the _arraignment_ is the perp’s appearance before the judge. > Yeah, you’re right **Door** , those guys talk funny. 🙂 And don’t count on the media reporting the story correctly. They might not understand the difference between “charges”, “indictment”, or “arraignment” either. FYI - There is a member here going by the nom de plume of **Bricker** who has an uncanny ability of being able to translate “legal-ese” into english that can be understood by almost anyone. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [December 9, 2012, 10:22pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/9 "2012-12-09T22:22:36Z")
> [@robert\_columbia](#): > > Is it possible for only some of these to take place in a case? For example, is there a jurisdiction where a person could get charged and arraigned, but they were never indicted? Or could a person be indicted and arraigned for a crime but by the time the case has made its way to final judgement the person was never actually _charged_ with anything? Or they were arraigned for DUI but the case was dismissed before they were charged or indicted? > > One place this could be meaningful is a background questionnaire - if a question asks, “Have you ever been charged with a crime?” but the truth is that you were _indicted_ but never _charged_, you might be able to justify answering “no”. It’s possible for only some to take place- you might be arrested and arraigned but the grand jury does not indict you , or you might be arrested and charged but the prosecutor declines prosecution or there are only misdemeanor charges and therefore n indictment - but you will always be charged either before the other events or simultaneously with one of them. For example, if a person is indicted prior to arrest ( which is not terribly uncommon) and therefore prior to arraignment the charges are contained in the indictment. ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [December 10, 2012, 1:17pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/10 "2012-12-10T13:17:17Z")
Add the fact that with rare exceptions indictments only apply to felonies, so that one may be arrested and charged with a misdemeanor or petty offense and never indicted. (The exception? It’s possible for a grand jury to find there is probable cause that a crime occurred and was committed by the accused, but that it does not rise to the level of the felony charged, so they give a no bill to the felony charge, but return a true bill on the lesser included misdemeanor charge,) Also note that there are stringent limits on the amount of time a person may be detained by law enforcement, and that he may not be locked in a jail, before he is arraigned before a judge. At the arraignment the judge will take a plea, but will also set bail, ensure the accused is aware of his Miranda rights and has access to counsel if appropriate, etc. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 10, 2012, 1:35pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/11 "2012-12-10T13:35:33Z")
> [@doorhinge](#): > > FYI - There is a member here going by the nom de plume of **Bricker** who has an uncanny ability of being able to translate “legal-ese” into english that can be understood by almost anyone. This is one of the best compliments I’ve gotten. Thank you! One other addition to the parade of possibles: in many states, charges in some circumstances may be brought directly by the prosecutor, side-stepping the involvement of a grand jury. This is often called a “prosecutor’s information,” and it substitutes for an indictment. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [December 10, 2012, 6:18pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/12 "2012-12-10T18:18:06Z")
> [@Peanuthead](#): > > Are _indicted_, _arraigned_, and _charged_ different ways of saying the same thing or are they seperate legal terms? You can look up your state’s rules also, but here is mine, and you can read the variant language. “Charged” is basically interchangeable with an arrest. A “formal” charge is simply a prosecutor accepting a complaint if a person is held in jail before the time limit to arraign. If arrested without a warrant and still held in custody, the US SC has ruled a probable cause hearing/arraignment must take place within 48 hours. If arrested with a warrant, and still held, some states expand that to a max of 72. [http://www.supremecourt.ohio.gov/LegalResources/Rules/criminal/CriminalProcedure.pdf](http://www.supremecourt.ohio.gov/LegalResources/Rules/criminal/CriminalProcedure.pdf) ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [December 11, 2012, 9:19pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/13 "2012-12-11T21:19:38Z")
Generally: 1. Indicted–means by a grand jury. If you were arrested for a misdemeanor crime, or your state doesn’t use a grand jury, then you might not ever be indicted for the crime. 2. Arraigned–appear before a judge after being arrested. The cop takes you to jail and says you’ll see the judge tomorrow morning. You appear before the judge and he tells you to post $500 for bail. This is your arraignment. 3. Charged-- when a cop arrests you or writes you a citation for an offense. He sees you with an open beer can on the street and writes you a ticket. You have now been charged (innocent until proven guilty) of violating the city’s open container ordinance. ---
**Author:** ![DataX](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@DataX](https://boards.straightdope.com/u/DataX)\ **Post date:** [December 11, 2012, 9:33pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/14 "2012-12-11T21:33:00Z")
FWIW - arraignment is what you see half way into Law & Order. Defense Attorney: “Your honor - the defendant has strong ties to the community.” ADA: “He has family in the Ukraine - we think he is a flight risk.” Judge: “Very well, bail is set at $500,000 and the Defendant surrenders his passport. Trial is set for the 24th of January. Next.” ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [December 11, 2012, 9:45pm UTC](https://boards.straightdope.com/t/legal-terminology-question/643527/15 "2012-12-11T21:45:08Z")
Charge - this is what the police do if they arrest you. If it’s a minor crime, then this might be all that’s needed to bring you before the judge. But “charge” is not a specific term. Any formal laying of accusations against you can be called a “charge.” Indict - this is when a grand jury has been presented evidence and rules that there’s enough for you to go to trial. Indictments aren’t always necessary. In some cases, a prosecutor can bring you before the court based solely on a “bill of information.” Arraign - this is when you are brought before the court and the accusations are made to you. The key component of an arraignment is that you will be asked to enter a plea. > [@](#): > > One place this could be meaningful is a background questionnaire - if a question asks, “Have you ever been charged with a crime?” but the truth is that you were _indicted_ but never _charged_, you might be able to justify answering “no”. If you were indicted, then you were definitely charged. But just because you were charged doesn’t mean you were indicted.