Criminal accusations bring stress, uncertainty, and questions about what’s next. Maybe you’ve been charged, or your name has surfaced in an investigation. Either way, understanding what you’re facing is essential. A key distinction is the difference between charged and convicted—the line between accusation and a formal finding of guilt. At Banks & Brower, we help clients across Indianapolis and all of Indiana protect their rights and build focused criminal defense strategies based on the facts of each case.
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call us: (317) 870-0019What Does It Mean to Be Charged with a Crime?
A charge is a formal accusation issued by a prosecutor, stating that you allegedly committed a specific offense. This step begins the court process, but does not mean you’re guilty. In fact, anyone charged is presumed innocent unless the state proves otherwise. Charges may follow an arrest, or they may be filed after an investigation. You’ll be notified of the accusations and your rights under Indiana law during your initial hearing.
Probable Cause and the Role of the Prosecutor
Before filing charges, the state must establish probable cause—a reasonable belief that a crime occurred and that you were involved. Prosecutors rely on police reports, witness accounts, and evidence to decide if charges are warranted.
The nature of the offense determines how the case moves forward and whether felony or misdemeanor charges apply.
Your Rights After Being Charged
You still retain your legal rights, including:
- Remaining silent
- Hiring legal counsel
- Receiving a fair trial
- Avoiding self-incrimination
Exercising these rights from the start can heavily influence the outcome of your case. What you say and do in early interactions with police or prosecutors can have a lasting legal impact.
What Does It Mean to Be Convicted?
Being convicted means you’ve been found legally guilty of a crime. This can occur either through a trial verdict or by pleading guilty in court.
Conviction ends the presumption of innocence and leads to sentencing, which may include jail, fines, probation, or other penalties.
Trial Verdicts vs. Guilty Pleas
Indiana convictions result from:
- Trial Verdicts: A judge or jury finds guilt beyond a reasonable doubt.
- Guilty Pleas: The defendant admits guilt voluntarily, often in exchange for a plea deal.
Sentencing Outcomes After Conviction
After conviction, judges impose sentences based on the offense’s severity, prior record, and mitigating circumstances. Sentences may include incarceration, fines, restitution, or probation. Each case is different, and outcomes vary depending on legal strategy and courtroom factors.
When I represent a client I not only look to get them the best possible outcome I can on their case, I also try to help them in all other aspects to make sure they are getting back on track in hopes that they don’t have to deal with the criminal justice system again. We insist that our attorneys provide excellent communication and I strive to be an example of that to the attorneys that work for me in my firm. I want all my clients to know I’m here for them and to feel comfortable that if they have an question or concern about their case it will be addressed.
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Can You Be Charged Without Being Convicted in Indiana?
Yes, being charged does not mean you will be convicted. Many charges are dropped, dismissed, or result in acquittals due to insufficient evidence or strong defense arguments.
Pros and Cons of Plea Bargains
Plea bargains are often used when the prosecution has a strong case. They can help avoid the uncertainty of trial and lead to reduced penalties. For some, that’s a practical path forward. On the plus side, plea deals may result in lighter sentencing and a quicker resolution. However, accepting a plea also means admitting guilt and giving up your right to a trial.
How Long Do Charges and Convictions Stay on Your Record in Indiana?
Both charges and convictions may remain visible indefinitely, affecting your record unless expunged. Even if a charge does not result in a conviction, it can still appear on background checks and influence decisions made by employers, landlords, or licensing boards.
Convictions—particularly felony convictions—often carry more severe consequences, potentially limiting access to housing, employment opportunities, and professional licenses.
Expungement Options and Waiting Periods
Indiana law allows expungement of some records:
- Non-conviction charges: immediately under most circumstances
- Misdemeanors: After 5 years
- Eligible felonies: After 8 years
You must petition the court and meet eligibility requirements. A defense attorney can guide you through the expungement process and ensure all necessary documentation is submitted correctly.
How a Criminal Defense Lawyer Can Help Protect Your Rights
Acting quickly is critical when you’re facing criminal charges. Understanding the difference between being charged and being convicted can help you make informed decisions early in the process. A defense attorney will guide you through legal procedures and work to protect your rights at every stage.
Preventing Conviction and Reducing Charges
Our focus is on limiting the damage criminal charges can cause. That may mean reducing charges, negotiating diversion, seeking dismissal, or preparing for trial. Every minute counts.
Acting quickly preserves evidence, secures witnesses, and strengthens your case from the start.
Contact Banks & Brower for Criminal Defense in Indianapolis
Banks & Brower understands how serious a criminal charge in Indiana can be—and how quickly it can impact your life. Knowing the difference between charged and convicted isn’t just legal knowledge; it’s the first step toward protecting your rights and your future. Call us today at (317) 870-0020 to set up your consultation.
