Arrested, Charged, and Convicted – Know the Differences
Navigating the criminal justice system can be confusing, especially when it comes to terms like “arrested,” “charged,” and “convicted.” In this blog, we’ll unravel the distinctions between these stages, shedding light on the legal significance of each.
Arrested:
Being “arrested” marks the initial stage in the legal process. It occurs when law enforcement detains an individual based on suspicion of committing a crime. During an arrest, the individual’s rights are read, and they may undergo questioning. It’s essential to recognise that an arrest doesn’t equate to guilt; rather, it signifies a legal intervention for investigating potential wrongdoing. It is important that you contact our Criminal Lawyers Parramatta team before you say anything. In simple terms – No talking and zip it !
Charged:
Following an arrest, an individual may be “charged.” This involves formal accusations presented by a prosecutor or law enforcement, specifying the criminal offense. Charges are typically articulated in court, and the accused is informed of the allegations against them. Importantly, being charged doesn’t establish guilt; it indicates that authorities believe there’s enough evidence to warrant a trial. From the moment the individual is charged with a criminal offence, your criminal defence lawyer should ensure you are kept up to date with court proceedings and obtain instructions from you at the relevant times.
Convicted:
The final stage, “convicted,” occurs when a court, after a trial or plea agreement, finds the accused guilty of the charges. A conviction results in a formal declaration of guilt, and the individual proceeds to sentencing which could include including fines, probation, or imprisonment. It’s crucial to remember that everyone is presumed innocent until proven guilty, and not everyone arrested or charged will be convicted. Legal defenses, evidence, and courtroom proceedings play pivotal roles in determining outcomes.
Understanding the distinctions between being arrested, charged, and convicted is fundamental for anyone navigating the criminal justice system. These stages represent distinct points in the legal process, emphasising the importance of due process and the presumption of innocence until proven otherwise. For all your criminal matter needs, contact our criminal lawyers defence team today.