In this article, An indictment is a formal accusation of a serious crime, usually issued by a grand jury or a prosecutor after a preliminary hearing. An indictment does not mean that the person is guilty or that they will be convicted. It only means that there is enough evidence to bring the case to trial.
What is a grand jury and how does it work?
A grand jury is a group of citizens, usually between 16 and 23, who are randomly selected to hear evidence and decide whether there is probable cause to charge someone with a crime. A grand jury operates in secret, without a judge or a defense lawyer present.
The prosecutor presents the evidence and witnesses, and the grand jury can ask questions or request more information. The grand jury can also issue subpoenas to compel witnesses or documents. The grand jury does not determine guilt or innocence, only whether there is enough evidence to proceed with a trial.
What are the types of indictments?
There are two types of indictments: true bills and no bills. A true bill means that the grand jury has found probable cause to indict the person for the crime. A no bill means that the grand jury has not found probable cause to indict the person for the crime.
A no bill does not necessarily mean that the person is innocent or that the case is closed. The prosecutor can still pursue the case by filing a criminal complaint, presenting new evidence, or convening a new grand jury.
What happens after an indictment?
After an indictment, the person is formally charged with the crime and arraigned in court. An arraignment is a hearing where the person is informed of the charges and their rights, and enters a plea of guilty, not guilty, or no contest. The person can also request bail, a pretrial release, or a change of venue. The person is then assigned a defense lawyer, either a public defender or a private attorney.
The defense lawyer can challenge the indictment, file motions to suppress evidence, or negotiate a plea bargain with the prosecutor. If the case goes to trial, the person has the right to a jury trial, where the prosecutor must prove the person’s guilt beyond a reasonable doubt.
What are the consequences of an indictment?
An indictment can have serious consequences for the person and their reputation. An indictment can affect the person’s employment, education, immigration status, or civil rights. An indictment can also expose the person to public scrutiny, media attention, or social stigma.
An indictment can also increase the person’s risk of conviction, as it may influence the judge, the jury, or the public opinion. An indictment can also increase the person’s sentence, as it may indicate the severity of the crime or the strength of the evidence.
How can a person avoid or reduce an indictment?
A person can avoid or reduce an indictment by cooperating with the authorities, providing information, or testifying against others. A person can also avoid or reduce an indictment by hiring a competent and experienced defense lawyer, who can advise the person of their rights, challenge the evidence, or negotiate a plea deal. A person can also avoid or reduce an indictment by maintaining their innocence, exercising their right to remain silent, or invoking their right to a speedy trial.
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