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Is it legal for a prosecutor to amend an indictment without notice to Grand Jury?
Wiki User
∙ 13y ago
I have no idea if it is legal or not in your jurisdiction. I know of one case where the judge amended the indictment. The defendant was found guilty on the modified indictment. After the post conviction appeals under state law were exhausted, he submitted a petition for a federal writ of habeas corpus. The federal judge sent the case back to the trial court for resentencing on the original indictment.
In that particular case, the federal judge said it was not legal. I have no idea if federal law has been changed or not since then.
(At the time you got one crack at the federal court. If you had not exhausted state remedies the judge told you and told you to try there. After you tried there if you came back you got sorry you have already been to federal court. While congress only wrote that law for 4th amendment issues, the judges had applied it across the board!)
Wiki User
∙ 13y ago
The rules regarding amending an indictment without notice to the Grand Jury can vary depending on the jurisdiction. In some cases, a prosecutor may be allowed to make amendments without notifying the Grand Jury, while in others, notice may be required. It is best to consult the specific laws and rules of the relevant jurisdiction to determine the legality of such amendments.
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A complaint filed by the prosecutor when a grand jury is not used?
In states which do not use the Grand Jury system there is no "indictment," the defendant is simply "formally charged" with the offense by the prosecutor. .
What is The formal charging of a suspect by the prosecutor and the grand jury called?
An Indictment, an Accusation, or an Information.
Why would the state ask the grand jury for an amended indictment?
An "amended" indictment would indicate that an indictment had already been handed down and the prosecutor was asking the Grand Jury that it be altered by either adding, deleting, or changing a specification.
What are the differences between complaint indictment and information?
an indictment is handed down by a grand jury when someone is charged with a crime if the prosecutor decides to charge someone with a crime without going through the grand jury process they file whats known as a complaint or an information directly with the court.
Is it proper for a prosecutor to bypass and cut off the preliminary hearings by securing an intervening indictment?
There is nothing necessarily proper or improper about it. The prosecutor at least in CA has an absolute right to have either a preliminary hearing or a get a grand jury indictment.
Who is responsible for returning a bill of indictment?
That would be a grand jury. The prosecutor presents the evidence and they will authorize the case.
Can the victims widow get the evidence presented to Grand Jury?
Not in person. She should speak with the prosecutor handling the prosecution of the case. ONLY the prosecutor gets to decide what they will present to a Grand Jury in order to gain an indictment.
What is the difference between information and a bill of indictment?
An information is where the district attorney or prosecutor charges a defendant of some crime or crimes, whereas an indictment is where the a defendant is charged after a grand jury has heard the evidence. The evidence usually meets a certain standard such as legally sufficient standard or probable cause.
What is indictment by grand jury?
.... it is known as a 'True Bill of Indictment.' Indictment by a grand jury is the manner in which the government charges individuals with commission of a crime. The prosecutor presents proofs before the members of the Grand Jury to convince them that sufficient evidence exists to charge an individual with a crime. If the Grand Jury agrees that the individual should be so charged it issues a written statement making the charges. The statement is called an indictment.
What is the definition of criminal information?
A criminal information is a criminal charge that is brought by prosecutor rather than by a grand jury. A charge from a grand jury is called an indictment.
Who returns an indiagment?
An individual who has been accused of a crime may return an indictment if there is enough evidence to formally charge them. An indictment is typically returned by a grand jury following a presentation of evidence by the prosecutor. The indictment signifies that there is enough evidence for the case to proceed to trial.
What is grand jury indict?
.... it is known as a 'True Bill of Indictment.' Indictment by a grand jury is the manner in which the government charges individuals with commission of a crime. The prosecutor presents proofs before the members of the Grand Jury to convince them that sufficient evidence exists to charge an individual with a crime. If the Grand Jury agrees that the individual should be so charged it issues a written statement making the charges. The statement is called an indictment.
