What Is The Difference Between Criminal Charge or Criminal Charging?

Understanding the difference between a criminal charge (a formal accusation) and the charging process (the steps leading up to that accusation) is important because it affects a person’s legal status and rights. It is important that those being investigated or accused of a crime know the distinction.

A criminal charge is the formal accusation that indicates a person is officially accused of a crime and must respond in court. Essentially, the case is moving forward in the criminal justice system. The charging document (often termed a Criminal Complaint) will list a specific offense, like DUI, theft, or assault, written in legal terms and based on laws.

If a charge is “pending” it means the prosecutor is still deciding whether to file formal charges based on the available evidence. The person may be under investigation but is not yet formally accused. This is where it could make a big difference to hire a private defense attorney in advance of being criminally charge. In rare circumstances, a defense attorney may be able to convince a prosecutor to “decline” charging.

Additionally, people who are unsure of whether they will be charged with a crime can hire a private defense attorney to monitor the case or make contact with the prosecutor’s office to determine the stage of charging. This cannot be done by a public defender because they are not “on a case” until a criminal charge has been filed against a defendant and that defendant has financially qualified and been assigned a public defender (often at Arraignment or before the next Pretrial Hearing).

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The process of charging is the action the prosecutor takes to decide whether to formally accuse someone of a crime. After reviewing evidence provided by police, the prosecutor determines if there’s enough proof to bring a formal charge in court. This process involves evaluating the facts, the law, and whether a conviction is likely.

If an individual is formally charged, the accused has specific legal rights, such as the right to an attorney, the right to review evidence (discovery), and the right to a speedy trial. Additionally, if the person is being questioned regarding the crime, law enforcement should notify the accused of their Miranda Rights. Furthermore, the accused would be entitled to a lawyer and should exercise that right as soon as an arrest or a criminal charge takes place.

However, if a suspect has not yet charged, the person may not yet have access to the same legal protections, as they are technically not a “defendant.” If they are still being investigated and there is not yet probable cause to arrest the person, the cops will not read Miranda Rights and the individual may make statements that lead to probable cause and a subsequent arrest. 

It is important to note that simply being arrested does not mean you are charged. Other than a few exceptions, it typically requires a prosecutor or district attorney to review law enforcement documents to determine if a criminal charge is warranted under the facts as presented.

Knowing the difference between being charged and the charging process is crucial for understanding one’s legal situation, protecting rights, and responding appropriately to potential legal actions. Misinterpreting these terms can lead to confusion, unpreparedness, and avoidable mistakes in navigating the criminal justice system.

If you or a loved one is being investigated or facing a criminal charge, do not delay in seeking legal counsel. The early part of a case is often the most critical for determining the probability of a positive outcome. 

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Our lawyers are here 7 days a week to help. If you are facing a DUI or other misdemeanor offense in western Washington, reach out today. (360) 792-1000.