What’s the Difference Between Being Arrested and Being Indicted in Los Angeles?
If you’re facing criminal charges in California, the legal process can feel overwhelming. The terms “arrest” and “indictment” are not interchangeable. Instead, they refer to distinct processes in a criminal justice timeline, each with different legal standards, procedures, and rights.
At Werksman Jackson & Quinn LLP, we defend clients through every stage of a criminal case. If law enforcement or a prosecutor is targeting you, here’s what you need to know, and how our legal team can help.
Arrested vs. Indictment
Arrest
An arrest happens when a person is taken into custody by law enforcement. In California, an arrest is typically based on:
- A warrant issued by a judge, or
- Probable cause that the person has committed a crime (California Penal Code § 836)
The arrest is immediate and physical, the defendant is placed in handcuffs, read their rights, and taken to jail for booking. It usually triggers the beginning of the court process, including arraignment and possibly bail hearings.
Indictment
An indictment is a formal accusation that someone committed a crime. In California, indictments typically come from a grand jury, which is a group of citizens who review evidence presented by a prosecutor in a closed proceeding.
Indictments are more common in high-profile or complex cases such as:
- Political corruption
- Organized crime
- White-collar offenses
- High-level narcotics or conspiracy cases
The defendant may or may not have been arrested before the indictment. Some people are indicted first, then arrested afterward.
Arrest Procedure in California
When a person is arrested in California, specific legal steps must follow quickly:
- Miranda Rights: Once in custody and subject to interrogation, the person must be advised of their right to remain silent and to an attorney.
- Booking: Law enforcement records personal information, fingerprints, and photographs.
- Charges Filed: The District Attorney’s Office reviews the case and decides whether to file criminal charges.
- Arraignment: Within 48 hours (not including weekends/holidays), the suspect must appear in court to hear the charges and enter a plea.
- Preliminary Hearing for Felony Cases: If charges proceed, this hearing is scheduled to determine if there’s enough evidence for trial.
What Is a Preliminary Hearing?
In the typical felony arrest process, California law requires a preliminary hearing (Penal Code § 866) before a case goes to trial. This is a mini-trial where the judge determines whether there is enough evidence for the case to proceed.
If you’ve been indicted by a grand jury, there is no preliminary hearing because the case goes straight to trial unless resolved by plea or dismissal. This makes indictments especially dangerous, as they can fast-track serious charges without giving your defense team the opportunity to challenge the evidence early.
Grand Jury Indictment in California
Under California Penal Code §§ 888–939.91, a grand jury consists of 19 citizens who hear evidence in secret proceedings. Unlike a trial, there is no judge or defense attorney present; only the prosecutor presents evidence and calls witnesses.
If at least 12 jurors find there is probable cause, they return a true bill, which becomes the grand jury indictment. This document formally charges the defendant and moves the case forward, usually to an arraignment or trial.
When Are Arrests and Indictments Used?
In most California criminal cases, a person is arrested first, and charges are filed shortly afterward. But in complex or politically sensitive cases, prosecutors may choose to seek an indictment first, especially when:
- They want to investigate without tipping off the suspect
- The suspect is a public figure or influential
- The case involves multiple co-defendants or an ongoing conspiracy
Whether a case starts with arrest or indictment, it’s essential to act quickly and assert your rights.
Your Rights After an Arrest
- Right to remain silent
- Right to an attorney
- Right to a speedy arraignment
- Right to bail (in most cases)
Your rights After an Indictment
- Right to receive a copy of the indictment
- Right to counsel
- Right to prepare a defense
- Right to discovery and motion hearings
Defending Your Rights at Every Stage
Pre-Arrest Intervention
If you suspect you’re being investigated, our Los Angeles criminal defense lawyers can take steps to:
- Contact law enforcement or the DA’s office
- Dispel false allegations
- Prevent an arrest altogether
- Prepare for surrender on negotiated terms (e.g., bail or release)
Post-Arrest Defense
Once a client is arrested, we immediately:
- Appear at your arraignment
- Argue for bail or own-recognizance release
- Review the complaint and challenge weak charges
- Demand evidence in preparation for a preliminary hearing
Post-Indictment Defense
If a client is indicted, we:
- Analyze the grand jury transcript for errors
- File motions to quash the indictment or suppress evidence
- Begin building your defense for trial or negotiation
- Protect your reputation from media exposure
What Should You Do If You’re Arrested or Indicted?
- Do not speak to police or prosecutors without your attorney present.
- Contact a criminal defense firm immediately, especially if you believe you are under investigation.
- If served with an indictment, do not ignore it. Failing to appear in court could result in a bench warrant and additional charges.
- Keep copies of all paperwork (search warrants, subpoenas, booking forms).
- Avoid discussing your case on social media or with others.
Speak With an Experienced Los Angeles Criminal Defense Lawyer
At Werksman Jackson & Quinn LLP, we know the system from both sides. Many of our attorneys are former prosecutors, public defenders, and veteran trial lawyers. And we’ve prevailed in some of the most prominent high-pressure cases in US history. We know what we’re doing, and we know how to win.
Call Werksman Jackson & Quinn LLP at (213) 688-0460 to learn more today.
Whether it’s an arrest or an indictment, let us protect your future and your reputation.
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