The criminal justice system has several stages. In some cases, these stages
can appear to overlap, which can confuse individuals who are facing criminal
charges. For instance, many people tend to think that being indicted means
one has been arrested, while others believe that the two terms are interchangeable.
In this blog post, we will discuss the difference between being indicted
and being arrested in Texas and explain what you should do if you are
arrested or indicted in the Lone Star State.
What Is an Indictment?
An indictment is often the first formal accusation made against an individual
by a grand jury in a criminal proceeding. It usually means that prosecutors
have gathered enough evidence to present to the grand jury to show that
the individual has committed a crime.
The grand jury will then determine whether there is enough evidence to
formally charge the individual with the crime. Indictments are issued
in serious
felony cases or when a person may potentially face significant penalties.
What Is an Arrest?
Being arrested, on the other hand, is an entirely separate concept. Generally,
an arrest takes place when law enforcement officers take someone into
custody for the purpose of charging them with a crime. The arrest is usually
made after an officer has probable cause to suspect that the individual
has committed a crime.
This usually means that the officer has seen the individual commit the
crime, received information from witnesses, or has other reason to believe
that a crime has occurred.
Indictments Versus Arrests
While indictments can lead to arrests, it is important to note that an
indictment is not the same as being arrested. An indictment is a formal
accusation of a crime, while an arrest is a physical act of taking someone
into custody.
When an individual is arrested, they are read their Miranda Rights, which
include the right to remain silent and the right to an attorney. After
that, they are usually taken to court and formally charged with the crimes
they are suspected of committing.
This is also the time when the individual can choose to hire a
criminal defense attorney to represent them in court. An experienced attorney can help the individual
understand their legal rights, evaluate the evidence against them, and
develop a strong defense strategy.
Have You Recently Been Arrested or Are You Facing an Indictment in Texas?
Talk to Our Dedicated Criminal Defense Lawyer About Your Situation. Contact Us Now!
At
Derek A. Adame, Attorney at Law, we have a deep understanding of the challenges that can arise if you
or someone you care about is arrested or indicted in Texas. Our top priority
is to safeguard our clients' rights and ensure they are treated justly. As
our case results prove, we have had decades of success when it comes to defending our clients
against arrests and indictments and getting the charges against them reduced
or dismissed.
Call us at 940.441.4239 or
reach out to us online today for a
free case evaluation with our experienced criminal defense attorney in Denton.