How is someone charged with a crime?
This depends on several things: the seriousness of the crime (misdemeanor vs. felony); and whether the crime was witnessed by a law enforcement officer, investigated by a law enforcement officer or detective, or merely brought by a private citizen. Most misdemeanor offenses are charged by a law enforcement officer by a citation, a criminal summons or warrant.
Citations are typically used for traffic offenses or less serious misdemeanors and do not involve a person being arrested. They are merely ‘cited’ into court for a hearing on a date set on the citation by the officer.
Criminal Summons are used in a similar manner as a citation and do not require an arrest. They are usually used on less serious misdemeanors that are not traffic offenses and do not require an arrest but merely ‘summons’ the person into court for a hearing date set on the summons by the authority that issues the summons (magistrate, judicial commissioner or judge) upon the officer or other person’s request.
Warrants are used when a person is being taken into custody (arrested) due to the usually more serious nature of the criminal offense, whether it is a misdemeanor or a felony. Warrants also have to be issued by a magistrate, judicial commissioner or judge.
Indictments are charges brought by a grand jury for misdemeanor or felony offenses. New Bill indictments are charges that have not been previous brought by any of the three methods listedhereinabove and are typically more serious charges involving violence, e.g. murder, rape, child sexual abuse or felony drug cases and white collar crime in situations that have been under investigation by law enforcement.
True Bill indictments are indictments of cases that were previously brought before the general sessions courts on a citation, criminal summons or warrant wherein that case was ‘bound over’ to a grand jury after a preliminary hearing or waived to the grand jury without a preliminary hearing.
Citations are typically used for traffic offenses or less serious misdemeanors and do not involve a person being arrested. They are merely ‘cited’ into court for a hearing on a date set on the citation by the officer.
Criminal Summons are used in a similar manner as a citation and do not require an arrest. They are usually used on less serious misdemeanors that are not traffic offenses and do not require an arrest but merely ‘summons’ the person into court for a hearing date set on the summons by the authority that issues the summons (magistrate, judicial commissioner or judge) upon the officer or other person’s request.
Warrants are used when a person is being taken into custody (arrested) due to the usually more serious nature of the criminal offense, whether it is a misdemeanor or a felony. Warrants also have to be issued by a magistrate, judicial commissioner or judge.
Indictments are charges brought by a grand jury for misdemeanor or felony offenses. New Bill indictments are charges that have not been previous brought by any of the three methods listedhereinabove and are typically more serious charges involving violence, e.g. murder, rape, child sexual abuse or felony drug cases and white collar crime in situations that have been under investigation by law enforcement.
True Bill indictments are indictments of cases that were previously brought before the general sessions courts on a citation, criminal summons or warrant wherein that case was ‘bound over’ to a grand jury after a preliminary hearing or waived to the grand jury without a preliminary hearing.