What’s the difference between being charged, indicted, and convicted?

Answer:
A case begins when you’re charged, meaning an officer obtained a judge’s signature on an arrest warrant. It becomes indicted when a grand jury votes to formally charge you with a crime — often months or even years after arrest. Conviction only occurs when you plead guilty to the indictment or a jury finds you guilty. So arrest comes first, indictment comes later via a grand jury, and conviction requires either a guilty plea or a guilty verdict. If you’re in the North Georgia area, give us a call.

Being Charged Means an Accusation Exists, Nothing More

A charge is the government’s allegation, not a finding. Under O.C.G.A. § 17-4-40, a judge or magistrate issues an arrest warrant on a probable cause showing — a standard far below what any conviction requires. At this stage no evidence has been tested, no witness has been cross-examined, and no judge or jury has weighed whether the state can actually prove anything. People routinely describe themselves as being in serious trouble the moment they are charged, when in reality the case has barely started and the state has not yet had to demonstrate much of anything.

Not Every Case Goes to a Grand Jury

Georgia gives you a statutory right to be indicted by a grand jury for most felonies under O.C.G.A. § 17-7-70, but misdemeanors take a different path. Those are typically charged by accusation, a document the prosecutor drafts directly under O.C.G.A. § 17-7-71, with no grand jury involved at all. Certain felonies can also proceed by accusation under O.C.G.A. § 17-7-70.1, and a defendant may waive indictment in writing. So the absence of an indictment does not mean the absence of a case — it often just means the case is traveling a different route to court.

What a Grand Jury Actually Does

A Georgia grand jury seats between 16 and 23 people, and at least 12 must vote in favor for a true bill of indictment to issue, under O.C.G.A. § 15-12-61. The vote does not have to be unanimous. Critically, the grand jury only hears the state’s presentation — the defense is not present, does not cross-examine, and does not put on evidence. The grand jury is asked whether probable cause exists, not whether you are guilty, which is why indictments issue in the overwhelming majority of cases presented. Being indicted reflects that the state cleared a low bar in a one-sided proceeding, not that a jury of your peers has weighed your case.

A Grand Jury Can Also Say No

If the grand jury declines to indict, it returns a no bill. Prosecutors are permitted to take the case to another grand jury, but O.C.G.A. § 17-7-53 sets a limit: two no bills on the same charge bar future prosecution for that offense. A judge may allow a third presentation only in narrow circumstances, such as newly discovered evidence or a showing that the earlier no bills resulted from fraudulent conduct by the accused.

Conviction Requires a Plea or a Unanimous Verdict

Neither the charge nor the indictment establishes guilt. A conviction happens only when you plead guilty or nolo contendere, or when a trial jury finds you guilty. At a felony trial that jury is 12 people, and every one of them must agree, applying the beyond-a-reasonable-doubt standard rather than the probable cause standard that governed everything up to that point. The gap between what it takes to charge someone and what it takes to convict them is where criminal defense work happens.

Even a Guilty Plea Is Not Always a Conviction

Georgia’s First Offender Act, codified at O.C.G.A. § 42-8-60, allows a court to accept a guilty or nolo contendere plea from someone with no prior felony conviction and defer proceedings without entering a judgment of guilt. Complete the sentence successfully and the case is discharged, and by statute you are not considered to have a criminal conviction. It can be used only once, judges retain discretion to deny it, and certain offenses are excluded — but it is the clearest illustration of why pleading guilty and being convicted are not automatically the same event under Georgia law.

Where You Stand Matters

If you’re in the North Georgia area, give us a call.

5 Star Rating

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

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5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!