Short answer
An arrest takes a person into custody; an indictment formally accuses a person of a crime through a grand jury. The DOJ describes arrests as requiring probable cause and indictments as giving notice of charges—not deciding guilt. These are different events, not interchangeable labels for the same action. 1 2
On this page
At a glance
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| Question | Arrest | Indictment |
|---|---|---|
| What happens? | A suspect is taken into custody. | A grand jury issues a formal accusation. |
| What decision matters? | Whether probable cause supports arrest. | Whether enough evidence exists to charge. |
| Who acts? | Police make the arrest; a judge often issues a warrant. | Grand jurors vote after hearing the prosecution’s presentation. |
| Main distinction | Custody | Charges |
This comparison follows the DOJ’s federal-process descriptions. 1 2
What each thing is
Arrest concerns action toward a suspect: police may arrest when they have probable cause, often after obtaining a warrant. Indictment concerns an accusation: the document supplies basic information about the charges. The prosecutor presents the case, but the grand jury makes the decision whether to indict. 1 2
Key differences
The immediate consequences differ: arrest places someone in custody, while indictment supplies formal notice of alleged criminal conduct. The decision-making processes also differ. An arrest may follow a judge’s warrant; an indictment follows grand-jury consideration and a vote. Neither description should be reduced to “the prosecutor found someone guilty.” 1 2
How to tell them apart
Ask what the report actually describes. Police taking someone into custody points to arrest; a grand jury issuing charges points to indictment. The limit: a report may mention both events, so one label does not replace the other. An arrest warrant is also not an indictment—the sources describe different actors and decisions behind them. 1 2
Where they overlap
Both belong to the government’s response to suspected crime and involve evidence-based decisions. Investigators collect evidence, prosecutors evaluate whether to present a case, and grand jurors consider whether evidence supports charging. Their connection within a case does not erase the distinction between custody and accusation. 1 2
Edge cases
An arrest can be the first step rather than something that must await indictment. Separately, not every charge comes through a grand jury: the DOJ says federal misdemeanor charges need not do so, and states are not required to use grand-jury charging. Its federal account should not be treated as a complete state-by-state procedural guide. 1 2
Why the distinction exists
The terms distinguish separate procedural functions. Arrest addresses taking a suspect into custody on probable cause. Grand-jury review addresses whether the evidence supports formally charging someone; the DOJ describes citizen participation as a means of making an unbiased charging decision. Keeping the terms separate identifies which decision actually occurred. 1 2
Common misconceptions
“Arrested” does not mean “indicted,” and “indicted” does not mean “found guilty.” The DOJ describes indictment as notice of believed criminal conduct and a vote about sufficient evidence to charge. Nor does presenting evidence guarantee an indictment: the grand jury may decline to charge. 1 2
Examples
Hypothetical arrest: officers witness a suspect commit a crime and arrest on probable cause. That describes custody, without establishing that a grand jury has acted. 1
Hypothetical indictment: a prosecutor presents evidence, and the grand jury votes to issue charges. That describes a formal accusation; the facts given do not establish whether an arrest occurred. 2