If you find yourself embroiled in a criminal case in Colorado, you may hear the terms “charged” and “indicted” used frequently.
While these words sound similar, important distinctions exist between being charged with a crime and being indicted.
Understanding the differences is critical when facing criminal prosecution. Plus, we’ll compare indictment vs charge procedures and implications when facing felony or misdemeanor accusations in Colorado.
What is an Indictment?
An indictment is a formal criminal charge issued by a grand jury alleging that a person has committed a crime.
Here is how the indictment process works in Colorado:
- A grand jury is assembled, consisting of 12 citizens from the community.
- The grand jury meets in private to hear testimony and evidence presented by the prosecutor.
- The accused individual does not get to be present or have their attorney cross-examine witnesses.
- If at least 9 of the 12 grand jurors believe there is probable cause that the person committed the crime, they will issue an indictment.
This is different than a normal jury trial. For an indictment, there is no need for “proof beyond a reasonable doubt,” only probable cause.
Once an indictment is issued, the prosecutor can move forward with the criminal case, and an arrest warrant is issued if the accused is not already in custody.
However, it’s important to note that an indictment is not a finding of guilt – only a charge that will now be adjudicated through the legal process. The accused maintains the presumption of innocence and the right to a fair trial.
How are Criminal Charges Filed?
When a prosecutor files formal charges against someone accused of a crime, this initiates the legal proceedings.
For misdemeanor cases in Colorado, prosecutors can file charges on their own without a grand jury. But for felony cases, an indictment from a grand jury is usually required before the case can proceed.
Once charges or an indictment are filed, the next steps are:
- An arrest warrant issued
- The defendant was taken into custody
- An arraignment where charges are read and a plea entered
- Bail terms decided
- The case proceeds to pre-trial proceedings and trial
So the main difference between an indictment and a charge is that the grand jury issues an indictment, while the prosecutor directly files criminal charges. But either commences the formal legal process.
When Will a Grand Jury Be Used?
There are several situations when grand jury indictments are more common in CO:
- For serious felony cases
- When the prosecutor wants an independent review of their evidence
- For complex or high-profile cases
- When pre-trial investigation needs to be kept confidential
- When witnesses need to provide testimony in private
Using a grand jury can strengthen the prosecutor’s position since regular citizens reviewed the evidence and found probable cause to indict. However, the process is still skewed in the prosecutor’s favor since the defense cannot participate or cross-examine.
Other Key Difference Between Being Indicted And Charges
Beyond who files them, here are other key differences between indictments and criminal charges:
- Felonies vs. misdemeanors – Indictments are typically only used for felony cases, charges can be filed for misdemeanors and felonies.
- Preliminary hearing – With charges, the defendant has a right to a preliminary hearing where a judge reviews probable cause. With an indictment, no preliminary hearing occurs.
- Public knowledge – Criminal charges are immediately public, while indictments may be sealed for a period of time.
- Involvement of accused – Unlike normal charges, the defendant has no right to participate or even know about grand jury indictment proceedings.
- Direct filing – Prosecutors can file charges at their own discretion, while indictments require grand jury approval.
So, in Colorado, for serious felony crimes, the prosecution will often pursue an indictment from a grand jury before filing formal charges and proceeding with a criminal case.
This allows the D.A. to test their evidence and get the grand jury’s stamp of approval that the charges are justified. It also avoids the need for a public preliminary hearing.
An Indictment Doesn’t Mean You’re Guilty
It’s important to remember that an indictment alone does not equate to guilt for any alleged crimes.
Despite being indicted, the accused individual still benefits from the presumption of innocence until proven guilty.
The prosecution bears the burden of proving beyond a reasonable doubt that the defendant committed the criminal offense. That burden must be met at trial through admissible evidence.
An indictment achieves the prosecution’s first step of initiating the formal legal proceedings. All defendants maintain their constitutional rights throughout the criminal justice process.
Fighting an Indictment in Colorado
If a Colorado grand jury has indicted you, it is essential to immediately retain an experienced Colorado criminal defense attorney to defend your rights.
An indictment shifts the legal process to the prosecution’s advantage. So, skilled legal representation is critical at this stage.
Possible steps your attorney may take to challenge an indictment include:
- File motions to dismiss the indictment due to legal deficiencies
- Attempt to suppress evidence improperly obtained by prosecutors
- Negotiate with the District Attorney for plea bargain options
- Mount a vigorous defense at trial seeking acquittal
- Present mitigating factors at sentencing if convicted
An indictment should not be taken as a sign that you will inevitably be convicted. In many cases, indictments are defeated pre-trial, or prosecutors reduce or drop charges if their evidence is weak.
But you need an experienced Colorado criminal lawyer to navigate this complex process and build the strongest possible defense. The stakes are high once indicted, so gain a strategic legal ally today.
Get Strategic Defense For Criminal Charges in Colorado
If you are facing criminal charges or have been indicted in Douglas County or surrounding counties in Colorado, time is of the essence. Contact Right Law Group immediately for a case evaluation and consultation.
With extensive experience defending clients against all types of allegations, Right Law Group has the knowledge and resources to build the strongest case on your behalf. They will aggressively defend your rights, freedom, and future.
Trust their team of dedicated Castle Rock criminal justice attorneys to handle your case with care and compassion.
