They hand down an indictment. INCORRECT/ Correct answer: A grand jury hands UP an indictment, only a judge/court hands DOWN an indictment.
The judge announced the indictment of the two men who had robbed Mrs. Tucker's house.
The judge will issue a bench warrant immidiately after the indictment is made. The bail will be set in the warrant. The bench warrant will be issued on the grounds of the indictment.
There is no difference. The debate as to which is the correct terminology seems neverending, even though both terms are used interchangeably. The original term was "hand up" referring to grand juries or trial juries sending an indictment to the judge and the judge being the highest seated member of the court. The majority of practicing attorneys prefer the "returned an indictment" as opposed to the "hand up" or "hand down" designation.
No, he can not; a judge must hear both accounts of the event before reaching a jurisdiction.Another View: Judges play no part in the indictment process. ONLY the Grand Jury can issue, or alter a true bill of indictment. The Grand Jury is a "creature" of the Prosecutor's Office, representing the Executive Branch of government. Judges are part of the Judicial Branch.
Yes the judge only signs in most of the caases
Indictment is a little different from being arrested "on the spot". A Grand Jury usually will hand down an indictment, where you will later have to appear for formal booking at the police station, unless they come and arrest you. In either case, you would then appear before a Judge for a preliminary hearing, where you could plead guilty, if you wish, but the proceedings generally go through the evidence they have against a person being chaged in the indictment, or at least enough evidence to convince the presiding judge to bind the case over for trial. Also, bail should be set where it is allowable.
.... is called an "indictment."
Once a judge rule to hear a motion at the preliminary hearing stage, can the states attorney acquire an indictment before the judge rule on the motion that was set for a hearing date?
You don't need to sign them in front of the judge. Usually, they are sent to your lawyer and you sign them there and send them back. They will come to you with the court stamp and date with the judge's signature and the divorce is over.
An ex-officio indictment is an indictment presented to a higher court when no committal has occurred for the relevant charges in the indictment.
Judges do not sign motions. Motions are formal requests asking the Court to do something. The Judge will rule on the Motion and either grant or deny it, and will therefore sign an Order.