0
What does it mean when a case is dismissed by the prosecutor but the defendant was indicted by the grand jury?
Wiki User
∙ 11y ago
It means that the Grand Jury found Probable Cause to believe that you committed the offense for which you were charged at the time of your arrest despite the action of the prosecutor's office.
A prosecutor can NOT "dismiss" a criminal charge. When a prosecutor makes the decision NOT to follow through on the indictment it is known as a Nolle Prosequi. In plain English it means that the prosecutor has made the decision that;
(a there is no 'prosecutorial merit' to the case, OR -
(b) that case is found to be lacking the necessary facts or evidence to proceed to trial.
A 'Nolle' is NOT a dismissal! Prosecutors can NOT "dismiss" a charge.
Only judges have the legal authority to "dismiss" a charge.
If your charge was "nolled" because of a factual error or an evidentiary deficiency - AND - that error or deficiency is "cured" by subsequent police investigation, the prosecutor COULD re-institute the charge against you and take you to trial.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
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. .
The definition of indicted?
It is the grand jury's determination that there is enough evidence that the defendant committed the crime to justify having a trial
What does closed indicted mean on criminal record?
It means the the law enforcement investigation phase of the case against the defendant is finished (closed), due to the fact that the arrestee was indicted for the offense by the Grand Jury.
What does closed-indicted mean on criminal record?
It means the the law enforcement investigation phase of the case against the defendant is finished (closed), due to the fact that the arrestee was indicted for the offense by the Grand Jury.
What if a prosecutor reccomends a no bill?
Not really enough information contained in the question, -but- in my experience, what that phrase refers to is the Grand Jury prosecutor recommending that instead of a "bill of indictment" being returned against the defendant, he is instead recommending that the Grand Jury return a "bill" of no inictment against the defendant.
What does supervening indictment means?
It is an indictment issued by a Grand Jury after the defendant has already had an initial appearance in his case, and the case has been set for a preliminary hearing before court. However, in the meantime the State has indicted the defendant by grand jury proceedings. This 'supervening' action by the Grand Jury indicts the defendant and has the effect of rendering all previous court actions in the defendant's case null and void.
Can grand gury determine whether defendant in criminal case is guilty?
No, a grand jury does not determine guilt or innocence. Its role is to decide whether there is enough evidence to indict someone and proceed to trial. The trial jury is responsible for determining guilt or innocence based on the evidence presented during the trial.
Is an indictment and a true bill two completely different documents?
No the two are synonymous. A "true bill of indictment" is the agreement of a grand jury that probable cause does exist to order a defendant to stand trial on the charges in the indictment. When this occurs, the grand jury is said to have "indicted" the defendant.
Does nolle prossed stay active after being indicted?
If you were indicted for a crime, then it wasn't for the charge that was Nolle Prossed. Nolle Prosequi means that prosecution was declined. If they declined to prosecute for the offense then you would never have been indicted - UNLESS - you were indicted by a "Special Grand Jury" who, independent of the prosecutor's office, was investigating a specific area of interest, and found your offense met their criteria.
How long can the police wait before charging you for drug distribution?
they can wait 42 hours before officially pressing charges. Then there will be a preliminary case with a judge, defendant and party, and prosecutor. The prelim is designed to see if there is enough evidence to actually take the trial to jury. If the evidence is deemed sufficient, then the case is presented to a "grand jury" which will either indict the defendant or find there is not enough evidence to indict and throw the case out. If the defendant is indicted a court date will be set and that can take a very long time.
What is the standard of proof for a grand jury presentation?
Before a formal criminal trial may take place, the prosecution must either file a Bill of Information, or have the defendant indicted by a Grand Jury. The defendant has no right to confront witnesses at the Grand Jury hearing and the standard of proof to indict for trial is by a preponderance of evidence, or "more likely than not".
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.
