What Does It Mean to Have Pending Charges?

Understanding pending charges is important for anyone navigating the justice system. This article clarifies what these charges mean, outlines the procedural stages, and covers how they are resolved.

Defining Pending Charges

Pending charges are formal accusations of criminal activity filed against an individual by a prosecutor or grand jury. These charges have not yet reached a final legal determination, meaning the case has not concluded with a conviction, acquittal, dismissal, or withdrawal. This differs from merely being arrested or under investigation, as a formal accusation indicates sufficient evidence to pursue the case.

Individuals may encounter “pending charges” when reviewing public court records, undergoing background checks, or receiving legal notifications. While a pending charge indicates a formal accusation, it does not imply guilt; these are allegations that must be proven in court. Pending charges can appear on background checks within weeks of being filed, impacting employment opportunities.

The Legal Process Following Charges

Once charges are formally brought, the legal process typically begins with an initial court appearance, often called an arraignment. Here, the defendant is informed of the specific charges, advised of their constitutional rights, and asked to enter a plea, usually “not guilty.” Bail conditions are also addressed, determining whether the defendant will be released or remain detained.

Following the arraignment, the case enters the discovery phase. During discovery, relevant information and evidence are exchanged to ensure fairness and prevent surprises at trial. This includes police reports, witness statements, and forensic results, allowing both sides to assess their cases. Pre-trial motions may also be filed by either party. These motions can seek to dismiss charges, suppress unlawfully obtained evidence, or address other procedural matters.

Resolving Pending Charges

Pending charges can be concluded in several ways, including dismissal, a plea bargain, or a trial. A dismissal means the charges are dropped, either by the prosecution or a judge. This can occur due to insufficient evidence, procedural errors, or if new information weakens the prosecution’s case.

Many cases are resolved through a plea bargain, an agreement between the prosecution and the defendant. The defendant typically pleads guilty or no contest to a charge, often a lesser offense, in exchange for concessions like a reduced sentence or dismissal of other charges. This process expedites case resolution and avoids the time and expense of a trial.

If no plea agreement is reached, the case proceeds to trial, where a judge or jury determines guilt or innocence. A trial can result in a conviction if the prosecution proves guilt beyond a reasonable doubt, leading to sentencing. Conversely, an acquittal means the defendant is found not guilty, resolving the charges without a conviction.