Indicted vs Convicted in Oregon Meanings
We often hear legal terms thrown around in conversation or on tv, such as indicted vs convicted. But people not familiar with the legal system may not always know what they truly mean. If you’ve been indicted or charged you’ll need to know specifically what the meaning of each word is. The difference between the two depends solely upon who has filed the charges against you. If you have been indicted, this means that a grand jury has filed charges against you. On the other hand, if you’ve been charged, this means a state or federal prosecutor has filed charges against you.
Indictment vs Charge
The main difference between someone being indicted vs charged is who authorized the arrest. At the state level, local prosecutors are those who will bring charges against someone. When it comes to federal charges, a prosecutor alone doesn’t have the authority. This is why they must have a grand jury indict the alleged criminal first.
Charged vs Convicted
Oftentimes people confuse being charged with being convicted. Being charged with a crime simply means that the government has formally accused a person of a crime. A person is innocent until proven guilty. On the other hand, being convicted of a crime means that a person has either pleaded guilty or has been found guilty after a trial. The government needs very little evidence to charge someone with a crime. They need only have “Probable Cause” to charge someone. The amount of evidence needed to convict someone of a crime is called “Proof Beyond a Reasonable Doubt.”
Can you be charged and not convicted?
Yes! You can be charged for any number of crimes and not be convicted, or found guilty. There are many levels of crimes, including both misdemeanor and felonies. If you’re found guilty or plead guilty to any level of crime, you’re generally considered to have a conviction. There are some states where low-level offenses such as violations aren’t considered criminal convictions.
What does it mean to be sentenced for a crime?
After a conviction in criminal proceedings, a sentencing is the next step. When sentenced after a criminal conviction, a formal punishment including prison time and fines will be announced. The convicted person has the right to appeal or try to get the sentence lessened or changed, but the sentence usually takes effect while the punishment is being challenged.
What does indicted mean?
We know that when someone is being indicted that it must be a serious thing. But what exactly does that mean? An indictment means that someone is formally accusing you of committing a serious crime, filed after the conclusion of a grand jury investigation. A grand jury indictment happens after a sworn witness has given testimony or physical evidence, then analyzed by local citizens who make up the grand jury. The role of the grand jury is to decipher whether or not there is probable cause for criminal charges. Grand juries meet in secrecy and typically don’t involve defense lawyers or judges.
Indictments in the state of Oregon
State grand juries function similarly to federal grand juries. However, since states are not required to use a grand jury to obtain felony indictments, states are free to follow their own rules. This may include the number of jurors involved as well as what type of majority ruling will be required. In Oregon, the grand jury listens to the witnesses presented by the district attorney’s office and may indict the defendant if at least five of the jurors agree. The grand jury consists of a panel of 7 individuals. If the panel determines that a felony crime has been committed, the defendant is then indicted.
What happens if you are not indicted?
If based on evidence, the grand jury decides to indict, it returns a “true bill”. If the grand jury decides not to indict, it returns a “no bill.” Keep in mind that even if there isn’t an indictment, the prosecutor can return to the same grand jury and present different evidence. In some cases, a new grand jury can be chosen. Criminal charges can also be filed regardless of the outcome.
Does indictment mean jail time in Oregon?
Just because you’re being indicted or have already been indicted, doesn’t mean that you’ve been found guilty. An indictment means that there is probable cause to charge you with a crime.
There’s no set rule that states whether or not someone must remain in jail after being indicted. That decision is made much earlier on in the trial process during a bond hearing.
The confusing part is that an indictment can come during different parts of the trial process. Some jurisdictions pursue an indictment before placing someone under arrest, while others place someone under arrest and then send the case out for indictment.
Typically, if you’ve been charged with a crime, you’ll be arrested right away. Your bail will be set after seeing a judge and you’ll have the chance to have it paid. With indictment charges, you may have already been bailed out. So, unless you somehow violated your release terms, you will remain out until your court date.
What to Do Next?
If you’re facing a charge or indictment from the federal government or the state of Oregon, the first thing you should do is obtain a strong and experienced criminal defense attorney. Whether you’ve been charged or indicted, you will have the federal or state government pursuing a conviction. You need legal representation to advocate on your side to help navigate this stressful situation. An attorney who is very familiar with the indictment process will give you the best chance to come out of the process unscathed.
Oregon criminal defense attorney, Shannon Powell, has years of fighting charges and indictments under his belt. He will provide you with professional, experienced, and passionate legal representation. You won’t find a criminal defense attorney in the Beaverton area who will work harder or be more prepared to defend you or your loved one on all charges than Shannon Powell.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
