Charge in the United States

Formal accusation that a person committed a crime. A charge is the underlying substantive violation reflected in an accusation, and the filing of a charge formally begins the judicial proceedings in the criminal process. The formal charge not only names the accused, but also describes essential elements of the crime in some detail. A charge can be lodged against a person in one of several ways. Charges can be introduced by a prosecuting attorney. In states that do not use grand juries, this usually takes the form of a prosecutor filing an information. Prosecutors may seek indictments from grandjuries. Police may also file formal charges. Complaints are charges commonly brought directly by arresting officers. Police also obtain arrest warrants from a judicial officer, although some jurisdictions require the prosecutor to review warrant requests. All of these approaches formally convey an accusation of criminal conduct.

See Also

Indictment (Criminal Process) Information (Criminal Process) Prosecutorial Function (Criminal Process).

Analysis and Relevance

The Sixth Amendment requires that persons be formally notified of criminal charges or accusations against them. Determination of the exact charges is usually done by the prosecuting attorney, although grand juries participate in the accusation process in some jurisdictions. In the former, the prosecutor files an information while in the latter an indictment is sought. Before charges can result in a trial, a judicial officer must determine that there is at least cause to believe the accused committed the crime. A person may be simultaneously charged with more than one offense. It is in this way that prosecutors bring habitual offender charges, for example; at least one for a current violation, and one because the accused has been convicted previously. It is also possible to charge a person with two or more instances of the same offense. Multiple charges are referred to as counts. Thus a person who burglarized nine residences in a neighborhood may be charged with nine counts of the offense of burglary. Charging a person with several counts opens the possibility of negotiating a plea of guilty on one or more of the original counts in exchange for not prosecuting on one or more other counts. The term charge is also used to describe the instructions given to a jury by a judge prior to deliberation. The charge conveys the principles and standards a jury is to use in making its decision.

Notes and References

1. Definition of Charge from the American Law Dictionary, 1991, California

Charge Definition

A duty or obligation imposed upon some person; a lien, incumbrance, or claim which is to be satisfied out of the specific thing or proceeds thereof to which it applies. To impose such an obligation; to create such a claim. To accuse. The distinctive significance of the term rests in the idea of obligation directly bearing upon the individual thing or person to be affected, and binding him or it to the discharge of the duty or satisfaction of the claim imposed. Thus, charging an estate with the payment of a debt is appropriating a definite portion to the particular purpose; charging a person with the commission of a crime is pointing out the individual who is bound to answer for the wrong committed; charging a jury is stating the precise principles of law applicable to the case immediately in question. In this view, a charge will, in general terms, denote a responsibility peculiar to the person or thing affected and authoritatively imposed, or the act fixing such responsibility. In Contracts. An obligation, binding upon him who enters into it, which may be removed or taken away by a discharge. Termes de la Ley. An undertaking to keep the custody of another person’s goods. An obligation entered into by the owner of an estate, which binds the estate for its performance. Comyn, Dig. “Rent,” c. 6; 2 Ball & B. 223. In Devises. A duty imposed upon a devisee, either personally, or with respect to the estate devised. In Equity Pleading. An allegation In the bill of matters which disprove or avoid a defense which it is alleged the defendant is supposed to pretend or intend to set up. Story, Eq. PI. § 31. In Practice. The instructions given by the court to the grand jury or inquest of the county, at the commencement of their session, in regard to their duty. The exposition by the court to the petit jury of those principles of the law which the latter are bound to apply in order to render such a verdict as will, in the state of facts proved at the trial to exist, establish the rights of the parties to the suit.

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Legal Issue for Attorneys

A duty or obligation imposed upon some person; a lien, incumbrance, or claim which is to be satisfied out of the specific thing or proceeds thereof to which it applies. To impose such an obligation; to create such a claim. To accuse. The distinctive significance of the term rests in the idea of obligation directly bearing upon the individual thing or person to be affected, and binding him or it to the discharge of the duty or satisfaction of the claim imposed. Thus, charging an estate with the payment of a debt is appropriating a definite portion to the particular purpose; charging a person with the commission of a crime is pointing out the individual who is bound to answer for the wrong committed; charging a jury is stating the precise principles of law applicable to the case immediately in question. In this view, a charge will, in general terms, denote a responsibility peculiar to the person or thing affected and authoritatively imposed, or the act fixing such responsibility. In Contracts. An obligation, binding upon him who enters into it, which may be removed or taken away by a discharge. Termes de la Ley. An undertaking to keep the custody of another person’s goods. An obligation entered into by the owner of an estate, which binds the estate for its performance. Comyn, Dig. “Rent,” c. 6; 2 Ball & B. 223. In Devises. A duty imposed upon a devisee, either personally, or with respect to the estate devised. In Equity Pleading. An allegation In the bill of matters which disprove or avoid a defense which it is alleged the defendant is supposed to pretend or intend to set up. Story, Eq. PI. § 31. In Practice. The instructions given by the court to the grand jury or inquest of the county, at the commencement of their session, in regard to their duty. The exposition by the court to the petit jury of those principles of the law which the latter are bound to apply in order to render such a verdict as will, in the state of facts proved at the trial to exist, establish the rights of the parties to the suit.

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This definition of Charge Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Charge in Juvenile Law

In this context, Charge information is available through this American legal Encyclopedia.

Concept of Charge in Labor Law

In this context, a definition of Charge is offered here: Written statement of alleged unfair practices. Filing a charge with the NLRB State Labor Board is the first step in an unfair labor practice proceeding.

Meaning of Charge

In plain or simple terms, Charge means: The judge’s instructions to jury on it duties, on the law involved in the case and on how the law in the case must be applied. The charge is always given just before jury deliberations.