Cambridge, MN asked in Criminal Law for Minnesota

Q: Are indictments the same as charges?

if I was charged with a crime but haven't gone to court yet, and I fill out an employment application that asks for convictions or indictments, do i need to list my charges?Example: charge - 5th degree assault or D.A., is that an indictment?

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3 Lawyer Answers
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN

A: Indictments are indeed criminal charges in all 50 States.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: In Minnesota, an indictment is a charging document issued by a Grand Jury. But few cases are charged that way, other than federal court. The vast majority in Minnesota state courts are by Complaint, another type of charging document. So, while all Indictments contain criminal charges (unproven allegations). Most criminal charges are in charging documents called "Complaints" signed by the Prosecuting Attorney. A Complaint could charge Misdemeanor Assault - 5th Degree. The Complaint would be a "charging document." The unproven allegation in in the charging document would be "Misdemeanor Assault - 5th Degree," the "charge" or claim.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: A charge is not an indictment. An indictment is a formal process where a jury makes a finding that there is probable cause to support a charge. Minnesota does not generally use grand juries unless the crime calls for a life sentence. So I am pretty confident saying that you weren't indicted for 5th Degree Assault or Domestic Assault.

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