Legal Standard for Indictment

One of our defense attorneys will explain your legal rights, advise you on your options, and explain different ways to prepare and try to avoid a charge in North Carolina. As mentioned earlier, an indictment is just a way for federal prosecutors to file criminal charges. Other ways prosecutors lay charges include the use of “criminal information” and the “criminal complaint.” 2003 — Subd. (c) (1). Pub. L. 108–21 inserted at the end “For the purposes of an indictment within the meaning of 18 U.S.C. § 3282, where the identity of the accused is unknown, it is sufficient for the indictment to describe the accused as a person whose name is unknown but who has a particular DNA profile. as that term is defined in this Section 3282. » 3. For a discussion of the fee waiver provision, see the note to Rule 7(b) below.

Grand juries are composed of approximately 16 to 23 members. Only certain people may take part in their deliberations. For example, witnesses who are forced to testify before the grand jury may not have counsel present. At least twelve jurors must agree to lay charges. Not all fees will look like the example shown. Sometimes an indictment can be very short and contain only one paragraph for each count. Paragraphs may simply repeat the language used in the laws that defendants are accused of violating. In such cases, a defense attorney may need to file a Bill of Particulars application for additional information. If you have been charged with a crime and are trying to understand the charges, you should consult a lawyer in addition to reading this website. The indictment is not proof of guilt, and the job of the grand jury is not to decide whether a person is guilty or innocent. This comes later in a jury trial. The grand jury`s responsibility is only to make an initial decision on “probable cause,” similar to a court clerk`s hearing or a search and seizure.

In the simplest sense, an indictment is valid when the grand jury has heard enough evidence to support all the elements of a crime without deciding whether the evidence is true or false. Once the prosecution has presented its evidence, the grand jury votes. A “real bill” is introduced in the Supreme Court when the grand jury has decided, as is almost always the case, that the minimum evidence has been presented to establish “probable cause.” A “no bill” is rare and terminates the indictment before a formal indictment before the Supreme Court. U.S. attorneys general have from time to time recommended laws that allow defendants to drop charges and consent to prosecution through information. See Annual Report of the Attorney General of the United States (Mitchell) (1931) 3; (Mitchell) (1932) 6; Id. (Cummings) (1933) 1, (1936) 2, (1937) 11, (1938) 9; (Murphy) (1939) 7. (d) Surplus. At the request of the accused, the court may withdraw any excess from the indictment or denunciation. The Fifth Amendment to the United States Constitution states: “No one shall be held responsible for any felony or felony unless there is a grand jury or indictment, except in cases occurring in land, navy, or militia forces when they are actually serving in time of war or public emergency.” [14] Finally, the jurisprudence developed from judicial decisions also determines what an indictment must contain. The most important legislation in this category stems from a series of cases, beginning with the Supreme Court`s decision in Apprendi v. New Jersey, 530 U.S.

466 (2000). According to Apprendi and his descendants, any factor other than a previous conviction resulting in an increase in the maximum penalty provided by law or the imposition of a mandatory minimum sentence must be invoked in the indictment. At Powers PA Law Firm, defense attorneys draw on previous prosecution experience. By being honest and informative, this professional legal advice can calm your nerves once you know what to expect and prepare for all the alternatives available. Detailed legal information and advanced legal preparation are important variables in any legal representation of crimes in NC. (1) Crime. An offence (other than criminal contempt) must be prosecuted if it is punishable: CAP Report – Rule 7. Initially, the Committee made no changes to the published draft amendment to article 7. However, as a result of the amendments to Rule 32.2(a) discussed below, the proposed wording has been amended to reflect the fact that the indictment must contain an intent to seek forfeiture. Laying charges only means that a “real bill” was issued by the grand jurors. The defendant cannot testify in most criminal cases, and your defense attorney in North Carolina would not make you testify. Thus, the typical accusation means that the person under investigation has little opportunity to be heard or even to have his lawyer present.

3. This Act does not consider citations from statutes or regulations to form part of the indictment. A conviction may be confirmed on the basis of a law or regulation other than the one mentioned. Williams v. United States, 168 U.S. 382, 389; United States v. Hutcheson, 312 U.S. 219, 229. Given the multiplicity of laws and regulations, this provision serves the accused and is not intended to dismiss prosecution, but simply to provide him with a means of being properly informed without danger to the prosecution. Technically, an indictment cannot be “amended” once it has been issued by the grand jury, as this would violate the accused`s right to be indicted by a grand jury. But it is also true that prosecutors often modify the crimes charged during criminal proceedings or even add new charges. In Kentucky, grand jurors are used in each county at the circuit court level (crimes only) for a four-month term (three panels per year).

During trial jury orientation for the given four-month term, grand jurors are selected from the trial jury pool, although the method of selection is not necessarily random. Meetings are held twice a month in most counties (but grand juries in more populous counties like Jefferson (Louisville) and Fayette (Lexington) usually meet more frequently), with each meeting typically reviewing 20 to 30 cases over a four- to five-hour period. The charge rate is approximately 98-99%; The grand jury may also expand (about 1% of the time) or limit (about 3% of the time) the charges contained in the indictment. As a general rule, fifteen to twenty grand jurors must report on meetings; The hope is that twelve at each session will show how many jurors are required to hear cases (an additional juror may be retained as a substitute, while other additional jurors are usually excused for the day). It takes nine votes in favor on the question of probable reason to sign a proper indictment. Fewer than nine votes in favor lead to either a negative bill or a narrowing of the indictment (depending on the votes by count). If the grand jury determines that there is sufficient evidence to support a criminal charge, it will file an indictment. An indictment in the common law system is a formal charge that a person has committed a crime.

In jurisdictions that retain the concept of crime, the most serious crime is a crime.