Quick Answer: Who Can File An Indictment?

How does a secret indictment work?

A secret indictment is an indictment that is sealed so that it stays non-public until it is unsealed.

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..

Can you fight an indictment?

Once you are indicted, there are three main options. First, your lawyer can petition the court to dismiss the indictment. Second, you can, upon the advice of your attorney, plead guilty. Third, you can contest the allegations and invoke your constitutional right to a jury trial.

What is the difference between being charged and being indicted?

The difference between being indicted and charged relies on who files the charges. “Being charged” with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant.

What happens if you are not indicted?

If the grand jury decides not to indict, it returns a “no bill.” However, even if a grand jury doesn’t indict, the prosecutor can return to the same grand jury and present additional evidence, get a new grand jury, or even file criminal charges regardless.

Can charges be dropped after an indictment?

A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.

What happens if you get indicted?

After the prosecutor studies the information from investigators and the information they gathers from talking with the individuals involved, the prosecutor decides whether to present the case to the grand jury. When a person is indicted, he is given formal notice that it is believed that he committed a crime.

Can you be found guilty on hearsay?

There are many exceptions to the hearsay rule where an out of court statement would be admissible. Can I be convicted if the only evidence is the word of one person? Unfortunately, the answer is yes, if the jury believes that one witness beyond a reasonable doubt.

Does an indictment mean jail time?

Indicted means that formal charges have been filed and the court process will begin. On such a serious charge (minimum 10 years in prison if convicted) I would assume you already have a lawyer. Therefore, call your lawyer and ask him/her to explain the process to you.

How long does an indictment take?

There is no set time by when an indictment usually occurs – as the others have told you. The prosecution has 180 days within which to seek an indictment. Much depends upon the evaluation of the case by the DA’s office, the availability of…

What is required for an indictment?

An indictment is a formal accusation, based upon available evidence, that a person has committed a serious crime. If there’s enough evidence to prove that a person committed a crime, then they’re indicted.

What does it mean to be subject to an indictment?

From Wikipedia, the free encyclopedia. An indictment (/ɪnˈdaɪtmənt/ in-DYT-mənt) is a criminal accusation that a person has committed a crime.

Can you be indicted without evidence?

The straight answer is “no”. You cannot be charged and eventually convicted if there are no evidence against you. If you happen to be arrested, detained, and charged then there is most likely a probable cause or a physical evidence that points towards you.