What is the difference between an indictment and an arrest?
An indictment and an arrest are two separate stages of the criminal process in Kansas. An indictment is a formal accusation made to a state or federal grand jury that an individual has committed a crime. To issue an indictment, the grand jury must find probable cause that the accused committed the crime. In contrast, an arrest is the actual taking into custody of an individual suspected of a crime. In Kansas, an arrest is the result of the police having reason to believe that a person has committed a criminal offense and that the person might pose a threat to society. In many cases, an arrest will occur before an indictment takes place in order for the police to secure evidence and build a case against the defendant. Once the police have gathered enough evidence, the matter is sent to the district attorney’s office to determine if the accused should be formally charged in a court of law and an indictment is issued. The most important distinction between an indictment and an arrest is that only a grand jury can issue an indictment, whereas an individual can be arrested without one. An indictment is needed for more serious crimes in Kansas, such as drug crimes, and is an essential step in holding the accused legally responsible for their actions. An arrest, on the other hand, is an important step in securing evidence and conducting an investigation.
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