Criminal charges typically signal the start of a complex and sometimes drawn-out experience with the criminal justice system. What does it mean to have pending or open criminal charges? And what happens after charges are filed? This article will go over what criminal charges mean, how to understand them, and what happens after charges are filed.
What Is a Criminal Charge?
Importantly, a criminal charge is not a conviction. A criminal charge is an accusation of a crime based on probable cause. At this stage, a prosecutor reasonably believes that the suspect has committed the crime and has enough evidence to prove it in court.
A conviction might occur later if the defendant pleads guilty to the charges or a judge or jury finds beyond a reasonable doubt that the defendant committed the charged crime.
How Are Criminal Charges Filed?
In a typical case, the police file a report after an arrest. An arrest report contains information about the circumstances of the crime, including the officer’s perceptions and statements from witnesses. Prosecuting offices often have designated lawyers whose job is to review police reports and decide whether and which charges to file. The document containing the charges might be referred to as a complaint, information, or other name depending on your jurisdiction.
Can I File Charges Against Someone?
Victims may file a police report outlining the details of an alleged crime, but as noted above, it's the prosecutor who makes the file decision on charging. In some cases, police will ask victims if they "wish to press charges." Despite how this sounds, the final decision stills come down to the prosecutor. But the victim will be helping the investigation by providing statements, answering police questions, and testifying as a witness (if needed).
Is a Grand Jury Indictment the Same as Criminal Charges?
It's similar. In some states, a prosecutor must (or may) present felony charges to a grand jury. The grand jury reviews the charges and evidence and decides whether to issue an indictment (in-DITE-ment), which formally begins the criminal case in court.
When Are Criminal Charges Filed?
For in-custody defendants (those being held in jail), the prosecutor must usually file formal charges within 48 to 72 hours of the arrest. An out-of-custody suspect might be informed of the charges later by mail or at the first court appearance. (Out-of-custody means the person was released with or without bail or was never held in jail.)
Can the Charges Change?
The initial charges filed against the suspect are subject to change, and even dismissal in the right circumstances. A prosecutor might, for example, drop charges after learning about evidence that suggests the defendant’s innocence. On the flip side, the prosecutor could add or amend (change) charges, resulting in more or less serious accusations.
What Are Pending or Open Charges?
Pending or open charges are those that haven’t been resolved by dismissal, a guilty plea, or a verdict. Sometimes, open charges refer to the allegations outlined in an arresting officer’s report that must be reviewed by the prosecutor’s office before formal charges will be filed.
How to Find Out If Criminal Charges Are Filed
Criminal charges are typically public records. In some cases, you can find them online at the court’s website in the state, county, or city where the offense allegedly occurred. Try looking for a link to access "case or court records." An online search portal may allow searches by name and date of birth of the accused. As another option, contact the prosecutor’s or court clerk’s office. They might be able to tell you if charges were filed or assist you in locating the charges.
How to Read and Understand Criminal Charges
Once informed of the criminal charges, how do you decipher them? Charging documents don’t often contain a lot of information. They might simply specify who the defendant is, when the crime was committed, and what crimes (or criminal statutes) are being charged. Your attorney will be your best resource in understanding the charges.
You can try looking up your state’s criminal or penal code and find the description of the crime. Cornell’s Legal Information Institute has a list of state criminal codes. For federal crimes, you’ll need to look in the United States Code. Take a look at the charging document and look for statutory citations. They will vary depending on your jurisdiction. For instance, you might see “230.02(1),” "609.52(5)(b)”, or “14A:34.1.” Look up the criminal or penal code in the jurisdiction where you’re charged. Then look for the section of law, such as “230.02.” Letters or numbers in parentheses might be a subdivision, paragraph, or clause that matches up with the specific criminal act or penalty. For the federal code, you'll look up the title and section number, so "18 U.S.C. § 654" is title 18, section 654.
A charging document could look really complex if a crime leads to multiple charges or the defendant has a rap sheet. Say a person burglarizes a house. Depending on the circumstances, the person could be charged with burglary, theft (if items were stolen), and criminal damage to property (say the burglar broke a window to enter or escape). Or in the case of a DUI, a person might be charged with driving while under the influence and driving with a blood alcohol content over the legal limit. And when a person has a criminal record, those prior convictions might be in the charging document to justify enhanced charges. You'll want to review the charges carefully with your attorney.
What Happens After Criminal Charges Are Filed?
A criminal case can take one of several turns after charges are filed. It might lead to a defendant’s arrest. In other cases, the defendant might be notified that they need to appear in court.
Unless the prosecutor drops the charges or offers diversion (a way to avoid court and a conviction), the defendant will be informed of the charges (formally) at an arraignment before the court—this just means the judge reads the charges out loud in court. This first appearance often marks the first step of the criminal court process. It’s also where a defendant will be informed of their right to an attorney (if they don’t have one). Most criminal cases resolve at some point after the arraignment and before trial through a plea deal. A few cases will go to trial.
Public Records of Criminal Charges
An oft-overlooked aspect of criminal charges is that they can be found in public records. Most people know that convictions are public records but so are arrest and charging documents. If a prospective employer, landlord, or other entity is running a criminal background check on you, they can often find arrest and charging documents—even those that didn’t lead to a conviction. In certain instances, defendants can get these records sealed from public view but they need to act diligently.
Speak to a Lawyer
If you’ve been arrested, make sure to consult an experienced criminal defense attorney. A lawyer can tell you about differences in the law in your jurisdiction, analyze your case and any available defenses, and guide you through the process. Your lawyer should explain how the charges and any resulting conviction could impact you now and in the future.
