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.
An indictment can become invalid for several reasons, such as lack of jurisdiction, failure to meet legal standards, or procedural errors during the indictment process. If the evidence presented to the grand jury is insufficient or if the indictment is found to be based on false testimony, it may be dismissed. Additionally, if the defendant's constitutional rights were violated during the indictment process, the court may rule it invalid. Ultimately, a judge can quash an indictment if any of these issues are identified.
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.
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.
Yes the judge only signs in most of the caases
.... 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?
Capitalize "indictment" when referring to a specific indictment by name or number, but not when used in a general sense. For example, "The Smith indictment" versus "The indictment against the defendant."
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.