Accused Definition

It is common to refer to the person charged with a crime as “the accused.” You will remain the accused person until your case is either cleared in court and you are free to go, or you are convicted.

Synonyms can include being called the “defendant,” “suspect,” or “alleged offender,” which means you are the person defending yourself against the charges in a criminal case.

If you have been accused of a crime and are facing an investigation, arrest, or trial you need an experienced criminal defense lawyer to defend you. The consequences of going from accused to guilty are significant, and criminal defense lawyers know criminal law, know the justice system, and know how to negotiate with prosecutors.

Understanding Being Accused

Being accused of a crime means you or a group of people have been told there are formal allegations against you in a legal proceeding. It differs from these legal terms in the following ways:

• Suspected: No legal actions have been taken, but prosecutors have reason to believe you were involved in a crime.
• Indicted: A grand jury has determined there is enough evidence to formally accuse you of a crime.
• Arrested: Having determined there is enough probable cause to arrest you for a criminal offense, you will be arrested.
• Charged: The government has brought formal charges against you.
• Arraigned: You have been called to court to hear criminal charges at your arraignment and enter your guilty, not guilty, or no contest plea. The judge will look at their docket and determine your court date and whether you get a bench trial or a jury trial.
• Exonerated: You have been found not guilty of charges and released from blame.

If someone accuses you of an alleged crime, keep in mind you are innocent until proven guilty. But you can still be referred to as “the accused.”

The period of time between arrest and trial is called pretrial. Pretrial matters will be handled by the judge, the prosecution, and your attorney. If you do not have an attorney you are called a pro se defendant. Picking a jury is called voir dire. A criminal trial will see witnesses, cross-examination of those witnesses, argument over legal issues, and presentation of the facts. The period of time between the guilty verdict and when you learn your punishment is called the pre-sentence period.

If you are found guilty of a criminal offense, you will go from being the accused to the convicted. To be found guilty in a criminal proceeding you must be found guilty beyond a reasonable doubt. If you were found innocent, then you will become acquitted. If you were found guilty and later found innocent, you are exonerated. Some courts may use other versions of these terms.

Understanding What it Means To Be ‘The Accused’

The judge or other court officials might refer to you as “the accused” during trials or court appearances. But, it is more common to be called “the defendant.” Some media outlets will use the term “the accused” to appeal to readers who may not understand legal terms.

Reporters frequently refer to defendants this way. For example, they might say, “The accused was brought to the stand,” or “The accused stood trial today.”

How To Accuse Someone Else

If you wish to accuse someone of a suspected crime, you should speak to a lawyer or call the police. Law enforcement or legal professionals can examine the claims and determine if there is evidence for a case.

Once you accuse someone else of a crime, the courts will take over the process until the accused has been found guilty or innocent. You may be called to give testimony or evidence supporting your claims. Accusing someone for no reason is called a false accusation, and you can be fined or serve jail time.

You’re Accused, But You Don’t Have To Be Guilty

The road from being accused to being found guilty is a slippery one. Do not travel it alone. Whether you’re accused of a misdemeanor or a more serious crime, a criminal record will stay with you and follow you throughout your life. Hire a criminal defense lawyer to guide you and give you legal advice so that prosecutors and court personnel respect your rights guaranteed by the U.S. Constitution.