Indicted vs. Charged in Texas

Indicted vs. Charged  

In the state of Texas, understanding the difference between an indictment and a criminal information for a criminal offense is crucial when it comes to determining the severity of the punishment.  

Felony vs. Misdemeanor 

The difference between being indicted and being charged has to do with where your case currently is in the life cycle of a criminal case and what type of offense you are being charged with. After you are arrested, the State only has until the Statute of Limitations (see below) to charge you with either a misdemeanor or a felony. The document that they use to do this in a misdemeanor is called a criminal information. The document they use to charge someone is a felony is called an indictment. A misdemeanor is a less serious offense compared to a felony. Misdemeanors are generally punishable by a fine not exceeding $4,000, and/or confinement in county jail for a term not exceeding one year. On the other hand, felonies carry more severe penalties. The punishment for a felony offense can range from a fine up to $10,000, and/or imprisonment in the Texas Department of Criminal Justice for a term exceeding one year.

 Statute of Limitations  

The statute of limitations refers to the time within which legal proceedings must be initiated. For misdemeanors in Texas, there is a general two-year statute of limitations. This means that charges for misdemeanors must be filed within two years from the date the offense was committed. In contrast, felonies in Texas have a more varied statute of limitations depending on the severity of the offense. Some felonies, such as murder or aggravated sexual assault, have no statute of limitations. This means that charges can be filed at any time, regardless of how much time has passed since the offense occurred. Other felonies have specific time limits, such as three years for theft or ten years for arson. It is essential to consult with legal professionals to determine the specific statute of limitations for a particular felony offense. 

Texas Grand Juries 

If you are being charged with a felony in Texas, then your case will go to grand jury. In Texas, a grand jury consists of 12 citizens who are selected to review evidence presented by the prosecutor in felony cases. The grand jury’s primary responsibility is to determine whether there is enough evidence to indict a defendant. Indictment refers to the formal charging of a defendant with a crime based on the grand jury’s finding of probable cause. 

During the grand jury proceedings, the prosecutor presents evidence and witnesses to establish probable cause. If the grand jury determines that there is sufficient evidence to support the charges, they issue a true bill, and the case proceeds to trial. However, if the grand jury finds that there is insufficient evidence, they issue a no bill, and the case is dismissed.  

It is important to note that the grand jury’s decision to true bill or no bill a felony case is a significant step in the criminal justice process. It serves as a crucial safeguard to protect individuals from unfounded or unjustified charges. 

Understanding the disparities in punishment ranges between misdemeanors and felonies, as well as the statute of limitations for these offenses in Texas, is vital. An experienced criminal defense attorney will be able to help you navigate the complicated process.  

Bio: Macy Eldredge is a former criminal defense attorney with the Collin County Law Group. Macy has experience on both sides of the criminal justice system, having served as a Rule XV Public Defender in Pulaski and Perry counties in Arkansas and as an Assistant District Attorney in Collin County. Macy is qualified to represent criminal defendants who are being charged with alleged crimes ranging from Class C Misdemeanors to First Degree Felonies in Texas. Set up a  consultation with Macy today.