Indictment Returned — If the grand jury
decides the evidence presented establishes probable cause
, it issues an Indictment against the accused. At least 16 of the 23 members of the grand jury must be present to conduct business, and at least 12 jurors must vote to indict. The Indictment is called a True Bill.
When a grand jury charges a person with a crime it does so by issuing a?
If, after considering the evidence, the grand jury decides there is sufficient cause for the prosecution to proceed, it will issue
an indictment
that describes the criminal charges against a person and the factual basis for those charges.
What term means a document issued by a grand jury to charge someone with a crime?
indictment
– The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
When a grand jury formally charges a defendant with a crime?
An indictment
is a formal accusation of a crime decided upon and issued by a grand jury. It signals the beginning of a criminal case. A criminal case begins when a prosecutor or a grand jury issues formal charges against a defendant, by means of a criminal complaint or an indictment (in-DITE-ment).
How do grand juries work?
The grand jury
listens to the prosecutor and witnesses
, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime. A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.
Who determines if there is sufficient evidence to take the case to court?
The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where
a judge
decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment.
Does a defendant have the right to see all evidence?
Someone who's been formally accused of a crime is normally entitled to certain kinds of evidence and information. In general,
a defendant has a right to receive this kind of material
, called “discovery,” before trial.
How long does a grand jury have to indict someone?
The statute of limitations is
five years for most federal offenses, three years for most state offenses
. The federal and state grand juries are impaneled for a specific period of time; however, if they do not reach a conclusion on your case, the prosecutor can start over with the newly impaneled grand jury.
What kind of lawyer defends the victim?
Defense attorney or public defender
: The lawyer who defends the accused person. A public defender is appointed if the accused is unable to pay for an attorney.
What is the victim called in court?
A witness
is a person who saw a crime or was a victim of a crime. A witness can be subpoenaed (ordered to attend court) as set out in the Criminal Code of Canada or by a criminal proceeding in the NWT. Witnesses are called to court to answer questions about a case.
When the grand jury finds that probable cause does not exist the defendant is what?
If the court finds there is no probable cause,
the matter is dismissed
(this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released. If the court finds there is probable cause, the matter is transferred to trial court.
How do you tell if a prosecutor's case is weak?
- Faulty arrest. If the arrest needs to be legal, there should be proper cause and reasons for arresting the criminal. …
- A mistake was made while filing the complaint. …
- Insufficient evidence in the hand of the prosecution. …
- Weak witness or loss of evidence. …
- Others.
What is the difference between being charged and being indicted?
Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means
a grand jury has filed charges against you
.
What cases require a grand jury?
The federal government is required to use grand juries for
all felonies
, though not misdemeanors, by the Fifth Amendment to the United States Constitution.
Do grand juries always indict?
Grand juries are tools used as part of criminal procedure to bring an indictment against a defendant. However,
they're not always required
and in some cases not even used.
How long do grand juries last?
While a trial jury will sit for only the duration of a criminal case, a grand jury is impaneled for a much longer period: a federal grand jury can sit for anywhere from
18-36 months
, while state grand juries can sit for varying terms ranging from one month to one year. Typically, grand juries do not convene daily.
