0
What else can I help you with?
What is an Ex Officio Indictment?
Basically,whena person charged with a crime chooses to plead guiltyinstead of going to trial. The court has the option of accepting or denying the action at its descretion as does the prosecutor.
With no 180 day rule for an indictment in NJ Someone could be charged and spend years in jail without an indictment and trial?
That sounds like a violation of the 6th Amendment to the U.S. Constitution, which states, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
What is the difference between indictment and a conviction?
An indictment is a formal accusation that a person has committed a crime, issued by a grand jury based on evidence presented by a prosecutor. A conviction, on the other hand, is a formal declaration of guilt by a court or jury after a trial or guilty plea. Indictment precedes a trial, while conviction follows a trial.
What does secret indictment mean?
A secret indictment is the basis in which the prosecutor brings the person giving the testimony before a grand jury to give a testimony so that the accused can be arrested with a warrant. Note that the person being accused of a crime is not aware that he/she is being charged with a crime because they have no idea they are being indicted.That is why it is called a "silent" indictment. But as with any other criminal case you have a constitutional right to a trial by jury...don't ever give that right up if you are innocent.
Can the senate decide whether a government person can be inpeached?
The indictment is brought by the House and the trial is held in the Senate.
What are the various stages of a criminal trial?
Charges are filed: A defendant is charged either by complaint, indictment or information. A complaint is an initial charging document signed by the Magistrate Judge that describes the charges against a defendant. A person can be arrested and charged by complaint before a grand jury has found probable cause to return an indictment, but a person charged by complaint then has the right to be indicted by a grand jury.
Can you buy a gun in Texas if charged but not convicted of a felony?
Like most legal matters, that all depends. A person that is under indictment for a felony (charged, waiting for trial) may NOT purchase a firearm. However, if you were charged but not convicted, trial is over, etc, that should NOT be a bar to purchase. You will need a lawyer for a current, legal and correct answer.
A person charged with a serious federal crime must first be accused in?
In order for a person to be charged with a serious federal crime, a federal grand jury must be convened and an indictment issued. The Grand Jury and right to a trial by jury were put in place to make sure citizens weren't victimized by overly eager police officers and prosecutors.
What crimes will deny a passport?
A person under an indictment or on trial for a criminal offense cannot apply for a passport in the United States.
How do you obtain a secret indictment?
To obtain a secret indictment, a prosecutor presents evidence to a grand jury in a closed session without the knowledge of the accused. If the grand jury believes there is enough evidence for a trial, they issue the secret indictment, which is then sealed until the accused is arrested.
What steps are used to charge someone for murder?
The same steps used to charge someone with any crime is the same for murder. Enough evidence has to be gathered for the person to be charged with it; the person has been arrested and brought before the court for trial. In many states a person must be indicted by a grand jury to be formally charged with murder, but can be arrested and held pending such grand jury indictment.
An indictment has significant probative value?
Prosecutors can use indictment to show that the accusation and the probative value of evidences are significant or to use indictment to get a plea bargain. Significance of an indictment is only as significant of the alleged crime, the existence of evidence with probative value, and the sentence being sought. Whether the charge leads to a trial depends on the outcome of Preliminary Hearing. The prosecutor has to prove during the "preliminary hearing" that 1) there is enough evidence with probative value to convict the accused; and 2) it would be in the public's interest to conduct the trial and convict the accused. If a charge is brought on through indictment, the accused is entitled for a trial by jury. In Canada minor insignificant accusations can also be charged through indictment. In insignificant cases the value of indictment would probably be in the plea bargain as it does not make sense to try an insignificant case in a trial by jury.
