If you’re dealing with a criminal case in McKinney, Texas, you may hear the terms “charged” and “indicted” used in conversation. While they both relate to formal accusations, they describe different steps in the legal process.

Knowing how each applies can make it easier to follow what’s happening in your case. In Texas, the distinction often comes down to how the accusation is made and the type of offense involved. To know more, keep reading this blog from our criminal defense attorney in McKinney, TX.

What Does It Mean To Be Charged With a Crime in Texas?

Being charged with a crime means that a prosecutor has formally accused someone of violating the law. This step usually follows an investigation, arrest, or issuance of a citation.

Charges may begin in several ways, including:

  • A complaint submitted by law enforcement
  • A prosecutor filing formal allegations after reviewing evidence
  • A citation or arrest leading to official charges

This process is commonly used in misdemeanor cases. Once charges are filed, the case moves into the Collin County court system, where it then can proceed through a series of hearings, negotiations, or trial proceedings.

What Does It Mean To Be Indicted in Texas?

An indictment is a formal accusation that comes from a grand jury rather than a prosecutor alone. This process is typically used in felony cases.

During the indictment process:

  • Evidence is presented to a grand jury
  • Witness testimony or documents may be reviewed
  • Jurors decide whether probable cause exists

If the grand jury agrees that sufficient evidence is present, it issues what is known as a “true bill.” At that point, the case moves forward in felony court.

Key Differences Between Being Charged and Indicted

Although both terms involve criminal accusations, they reflect different procedures. Understanding the distinction can clarify what stage your case has reached.

Here are some of the main differences:

  • A person is typically charged by a prosecutor, while an indictment is issued by a grand jury.
  • Criminal charges are often used in misdemeanor cases, whereas indictments are more commonly associated with felony offenses.
  • Being charged usually means the case is filed directly by the prosecution, while an indictment requires review and approval by a grand jury.

These differences can influence how quickly a case moves forward and what legal steps are required next.

Why Does Texas Use a Grand Jury for Indictments?

Texas relies on grand juries in felony cases to introduce an additional layer of review. Instead of leaving charging decisions entirely to prosecutors, a group of citizens evaluates the evidence.

This process helps:

  • Provide an independent review of serious allegations
  • Limit the risk of unsupported felony prosecutions
  • Ensure there is probable cause before proceeding

Grand jury proceedings are typically private, and the defense does not usually participate at this stage.

Can You Be Arrested Without Being Indicted?

Yes, and this situation is more common than many people expect. An arrest can occur before a case is presented to a grand jury.

In these situations:

  • Law enforcement may act based on probable cause
  • The case is reviewed by a grand jury after the arrest
  • An indictment is not guaranteed to follow

If a grand jury decides not to indict, the felony case may not move forward.

What Happens After an Indictment in Texas?

Once an indictment is issued, the case proceeds through the felony court system. This stage introduces several important steps in the process.

After indictment, a case may involve:

  • Arraignment, where a plea is entered
  • Pretrial hearings and motions
  • Negotiations between the defense and prosecution
  • Trial preparation if the case does not resolve

Each step builds on the last, and the direction of the case depends on the evidence and legal arguments involved.

Contact the McKinney Criminal Defense Lawyers at Texas Defense Firm for Help Today

Navigating the criminal justice system in McKinney, TX, can be difficult without a clear understanding of how charges and indictments work. Texas Defense Firm represents individuals at every stage of a criminal case, from initial accusations through more complex felony proceedings.

If you are trying to determine what your next step should be, speaking with a legal professional can help clarify your situation and outline potential paths forward.

When your future may be affected by a criminal case, connecting with a McKinney criminal defense attorney can help you take informed, deliberate steps toward protecting your rights. Contact us today to schedule a confidential consultation.

We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:

Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070

(972) 369-0577
Available 24/7