The Difference Between Being Charged and Being Convicted

If you have been arrested and charged with a criminal offense, this is just the beginning of the criminal justice process. Being formally charged means that a prosecutor on behalf of the State or Federal Government has filed an indictment (or information for misdemeanor cases) against you, formally accusing you of a crime. A conviction, on the other hand, means that your guilt has been established. Understanding the difference is key to understanding your rights and legal options. At Amanda Hernandez Law, PLLC, our San Antonio criminal defense lawyer is here to provide you with the fierce advocacy you need in the courtroom and beyond.

Being Charged: The Nuts and Bolts

How it Happens

When someone is charged by indictment or information, the State or Federal Government is formally accusing them of a crime. It does not mean that the person is guilty, but it does start the criminal justice process. The formal charge typically occurs after an arrest (although some charges are filed prior to arrest).

A prosecutor will either:

• File an Information: the official document used by the prosecutor to file charges in misdemeanors (or select felonies when a defendant waives an indictment). Prosecutors typically rely on the criminal complaint: an affidavit made before a magistrate or district/county attorney that charges the commission of an offense, usually completed by law enforcement.
• Present the case to a grand jury: Under Article I, Section 10 of the Texas Constitution, no person can be held to answer for a felony unless a grand jury issues an indictment (though a defendant may choose to waive the grand jury indictment for certain non-capital felonies). A Texas grand jury is comprised of twelve citizens from the local county who will review evidence to determine if there is probable cause to formally charge the defendant. At least 9 of the 12 must agree for a “true bill” (an indictment) for the felony prosecution to move forward. Federal grand juries are also required by the Fifth Amendment to charge all federal felony offenses. A federal grand jury has 16 to 23 members, and at least 12 jurors must agree to issue the indictment (formal charge).

For state felonies, prior to indictment, Texas Code of Criminal Procedure Art. 16.01 gives a defendant the right to request an examining trial, Texas’s version of a preliminary hearing, before the case reaches a grand jury. At this hearing, a magistrate reviews the evidence to decide whether probable cause exists to hold the defendant for trial. In practice, this right has real limits. The right to an examining trial ends once the grand jury returns an indictment, and in practice, many felony cases move to the grand jury before an examining trial ever takes place.

What Happens Next?

After formal charges are filed, the case generally proceeds to an arraignment (unless the accused waives arraignment and the court accepts the waiver). At the arraignment, you are formally advised of the charges against you and your rights, and you will have an opportunity to enter a plea. In Texas, a defendant may plead guilty, not guilty, or nolo contendere (no contest). In most cases, a not-guilty plea is entered at this stage while the case proceeds through the pretrial process.

If bail has not already been addressed, the court may also consider bail and conditions of release. Bail allows a defendant to remain out of custody while the case is pending, provided the defendant complies with the conditions set by the court. Depending on the type of bond ordered, a defendant may post the required amount directly or use a licensed bail bond company. Bail bond companies typically charge a nonrefundable fee for posting the bond on the defendant’s behalf (typically 10% of the total bond amount).

Possible Outcomes

If you are formally charged with a criminal offense in Texas or Federally, the potential outcomes vary, but may include:

• Your criminal case being dismissed.
• You being acquitted (found not guilty) at trial by a judge or jury.
• Your charges being reduced through a plea deal.
• You accepting another favorable plea deal (such as a more lenient sentence or other charges being dropped).
• You being convicted (found guilty) of the charges at trial by a judge or jury.

This is why having a knowledgeable attorney matters.

Being Convicted: What You Need to Know

A conviction means that guilt has been legally established. A conviction generally results from a guilty verdict or a plea that results in an adjudication of guilt. Once convicted, the court moves to the punishment phase, known as sentencing. During sentencing, punishment within the specified punishment range, such as jail/prison time, fines, and/or probation, will be decided.

Texas law allows deferred adjudication for certain criminal offenses. Deferred adjudication is a type of community supervision (probation) in which the court delays making a formal finding of guilt. To receive deferred adjudication, you must plead guilty or no contest and waive your right to a jury trial.

If you successfully complete the terms of deferred adjudication, the court will dismiss the case without entering a final conviction. This is different from “regular” probation, where a conviction remains on your record even after you successfully complete probation.

However, a dismissed deferred adjudication case does not automatically disappear from your criminal record. The arrest and case may still appear on background checks unless you qualify for and obtain an Order of Nondisclosure, which restricts public access to certain criminal history information.

Why The Distinction Matters and How We Can Help

An arrest or criminal case may remain publicly accessible and appear on a background check even when it does not result in a conviction. However, there is an important distinction between having a criminal charge on your record and having a final conviction. Employers, professional licensing boards, and others reviewing your criminal history may treat a dismissed charge or successfully completed deferred adjudication differently from a conviction. That is why avoiding a final conviction can be an important goal when facing criminal charges.

An experienced criminal defense attorney can evaluate your case, explain the options available to you, and work toward the best possible outcome—including dismissal, deferred adjudication, or another resolution that may help minimize the long-term impact on your record.

At Amanda Hernandez Law, PLLC, our criminal defense lawyer will evaluate your case, explain the options available to you, and work toward the best possible outcome, including dismissal, deferred adjudication, or another favorable resolution to help protect any long-term impact on your record.

Speak with Our San Antonio Criminal Defense Lawyer Today

The moment you are being investigated or accused of a crime is the moment you need to speak with and potentially obtain competent counsel. While being criminally charged is frightening, you have a constitutional presumption of innocence unless the government can prove you guilty beyond a reasonable doubt. At Amanda Hernandez Law, PLLC, our San Antonio criminal defense attorney has the skills, knowledge, and experience to craft a strong defense. With the State and Federal Government having ample resources on their side, you deserve the same level of representation given what is at stake. To arrange your consultation, contact our office online or by calling (210) 369-4040.