What Is the Difference Between Being Charged and Convicted? When you’re facing the criminal justice system, understanding the key legal terms is difficult for people who are not criminal defense lawyers. Two of the most important concepts to grasp are the difference between being charged and being convicted. While both terms refer to different stages of a criminal case, they carry distinct legal meanings and consequences.
If you’ve been charged with a crime, contact Combs Waterkotte online or call (314) 900-HELP for the best possible defense in your case. If you’ve been convicted of a crime, reach out to us to review your case and see if you’re eligible for expungement.
What Does it Mean to Be Charged With a Crime?
Being charged with a crime refers to the formal accusation by law enforcement or a prosecutor that you have committed a specific offense. Charges can stem from anything as minor as a misdemeanor to serious felonies, depending on the alleged crime. Here’s what happens when you’re charged:
- Filing of Charges: Law enforcement officers investigate and collect evidence, which they present to a prosecutor. If the prosecutor believes there is enough evidence to move forward, they file formal charges.
- Types of Charges: Charges vary by severity. Misdemeanors typically involve less severe penalties like fines or short jail time, while felonies carry longer sentences and harsher consequences.
- Presumption of Innocence: Being charged does not mean you’re guilty. In fact, you are legally presumed innocent until proven otherwise in a court of law.
- Criminal Complaint or Indictment: In most cases, a formal document known as a criminal complaint or an indictment is issued. This outlines the charges against you and starts the legal process.
- Arrest and Bail: After charges are filed, you may be arrested, and the question of bail will arise, determining whether you can remain free while awaiting trial or working through pretrial motions.
Being charged is just the beginning of the legal process. It does not determine guilt but initiates the steps toward either a conviction or dismissal of charges.
What Does it Mean to Be Convicted of a Crime?
Being convicted of a crime occurs after the legal process has been completed, and a court of law determines you are guilty. This can happen in two primary ways:
- Guilty Verdict: If you go to trial, either a judge or a jury will evaluate the evidence presented by both the defense and the prosecution. If they believe the evidence proves your guilt beyond a reasonable doubt, they will issue a guilty verdict.
- Plea Bargain: Many cases end with a plea bargain, where the defendant agrees to plead guilty (or “no contest”) to the charges, often in exchange for a reduced sentence or lesser charges. This still results in a conviction but may carry more favorable terms than being convicted at trial.
Once convicted, you are no longer presumed innocent. A conviction means the court has officially found you guilty of the charges against you, leading to sentencing, which could involve jail time, probation, fines, or other penalties. Conviction marks the end of the criminal process but could lead to further legal actions such as an appeal.
Why You Need a Lawyer Whether Convicted or Just Charged
Having legal representation is crucial whether you are charged or convicted. Here’s why:
- During the Charge Stage
- A lawyer can evaluate the evidence, challenge its validity, and develop a strong defense strategy.
- They can negotiate plea deals or try to have the charges reduced or dismissed before reaching trial.
- After a Conviction
- A lawyer can file appeals, argue for reduced sentencing, or explore post-conviction relief options.
- They can advise you on parole, probation, and other legal steps that can impact your future.
- An attorney can help you file for expungement after a certain time period has passed.
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If you’re facing charges or have already been convicted, never go into court or speak with law enforcement alone. Contact our experienced attorneys or call (314) 900-HELP today to get the legal representation you need.
