Bill Of Indictment
An indictment is a legal term (derived from the medieval 13th-century French word "enditer") relating to a true bill being issued, based on evidence presented by witnesses, before the District Attorney can prosecute a felony criminal charges.
bill of indictment
The Grand Jury, however, has no such duties and the bill of indictment meaning is far different. The idea of Reasonable Doubt and Burdens of Proof in NC for criminal charges do NOT apply to Gran Jury proceedings.
Both in the English common law countries and in the US Constitution, the indictment procedure of assembling a Grand Jury is NOT a trial, and the Grand Jurors have no power to determine "guilt" or award damages.
Plus, both in England and in North Carolina criminal charges, grand jury proceedings in issuing felony indictments are done in secret, and almost always without a criminal defense attorney being allowed to be present on behalf of the accused.
When you add the word "grand," the answer to "what does jury mean" dramatically changes. Plus, for an English criminal court in 1650, versus an American felony crimes court in 2018, "what is an indictment?" has taken on a substantially different meaning, with different consequences.
One of those buffers or impediments against the Monarch's absolute power was to mandate that (before any trial could take place at a trial court) that a large group of the county's citizens had to agree with the Government about the sufficiency of evidence of criminal acts before a trial could be utilized by the Government, to try to gain a conviction, such as a drug indictment or child molestation charge.
Following this theme of secrecy, the legal document submitted at the end of the grand jury hearing or "presentment" containing the sealed indictment is required to show how many of the grand jurors were present, plus the names of the grand jurors, on all indictments.
If the District Attorney is seeking an indictment, a sufficient number of the grand jurors must agree that the criminal case should go forward, after they are convinced that probable cause to believe the alleged crime occurred is reliably presented to them.
Plus, keeping up with and carefully checking this data is vital, because these grand jury members cannot both indict, and later be on the trial jury, for any person that was considered for indictment during their term of court, as grand jurors.
Only when the true bill was agreed upon by a sufficient number of grand jurors did the criminal case move on to authorize the District Attorney's office to issue a formal accusation (indictment), in writing, against the accused person, who could face capital punishment (execution) or possibly life imprisonment.
Modern-day state and federal grand jury indictment practice covers other felonies that have punishment less onerous than life in prison or execution. So, over the centuries, the "indicted" meaning has changed.
The Grand Jury hears evidence of serious felony charges that most TV dramas love, so why is it relegated to mere reference? The most likely reason is that the Grand Jury investigation is a largely procedural tool and not a forum for determining to ultimately return a verdict of guilt or innocence. Indeed, the Grand Jury meets in private and is subject to strict rules of confidentiality. Understanding the function and definition of indictment may best explain why so little attention is given to this secret process.
A more practical understanding is that the Grand Jury is a body of citizens instructed by the Court to investigate the sufficiency of criminal complaint, and basically say to the District Attorney, "do not prosecute"(a "NO bill') or to go forward with felony charges (a "TRUE bill") in the NC Superior Court for that County.
Just thinking about a legal matter can be stressful, especially a felony that has received a "true bill." The anxiety of not knowing what to do or who to talk to can exact a heavy toll on your family and business life.
Call our law office NOW at 877-462-3841. Our criminal defense lawyers will not JUDGE you, and our defense attorneys will explain your legal rights, and answer questions about how to approach an indictment in North Carolina.
At Powers Law Firm PA, a Charlotte criminal lawyer from our law office can provide real-world experience, plus resourceful, targeted, and professional legal advice. In some cases that are indicted, after a true bill leads to a grand jury indictment, our criminal defense attorneys will ask for a preliminary hearing for our incarcerated client.
One such hearing may be related to criminal defense lawyers in North Carolina filing a Bill of Particulars, which seeks the specifics or greater details associated with the criminal allegations or indictment.
Detailed information and attorney preparation are important tools in any legal representation. For felonies, the legal process can be particularly confusing, with the involvement of a grand jury indictment. That is why it is vitally important to know your options.
The North Carolina Supreme Court recently ruled on whether a True Bill of Indictment is required, answering what does it mean to be indicted. In overruling a NC Court of Appeals opinion, an indictment is NOT required for criminal charges relating only to misdemeanor criminal charges in North Carolina, like NC DWI charges and other traffic tickets. Consult with experienced legal counsel without delay.
SUNG KOOK (BILL) HWANG is the founder and owner of Archegos Capital Management and its related business entities, which are collectively known as Archegos. As alleged, HWANG, along with PATRICK HALLIGAN, SCOTT BECKER, and WILLIAM TOMITA lied to banks to obtain billions of dollars that they then used to artificially inflate the stock price of a number of publicly traded companies.
The following is information about indictments in Virginia criminal cases including what you can expect from the indictment process and how the circumstance of your case impacts when you are indicted. To learn more or discuss the specifics of your case, call and schedule a consultation with a Virginia criminal lawyer today.
Most felony indictments occur in Circuit Court in Virginia, but most felony cases start off in General District Court. In most cases, an indictment is only issued, or returned, once a case has gone through preliminary hearing. So not every felony case will be indicted in Virginia. This is because many people are arrested on a warrant and have a right to a preliminary hearing to determine whether there is probably cause for an indictment. If the general district court finds probable cause for a case to go to trial, then it is sent to the circuit court for further adjudication.
Another way a case can be dealt with in Virginia is through direct indictment, which is presented before a grand jury. During the indictment procedure, the Commonwealth presents an indictment to five grand jurors, and they hear from a limited number of witnesses. The defense attorney and defendant would not be present.
After hearing evidence in a closed session, the grand jury returns an indictment as a true bill or not a true bill. By practice in Virginia, a very high number of indictments are returned as true bills. If your indictment is returned as a true bill, you will then be notified by law enforcement and served with the indictment in open court, or if you do not appear, the judge will issue a bench warrant for your arrest, otherwise known as capias.
Depending on the circumstances of your case, if you are subject to direct indictment, you may not receive notice of the indictment ahead of time- even if you have an attorney. In Virginia, direct indictments can occur without a prior arrest, and sometimes without even the person being notified that they are under investigation. Although this is rare, it still does happen and you may find an officer at your home or place of business with a bench warrant for your arrest based upon an indictment.
When this happens, it is important to contact an experienced criminal defense attorney right away. The attorney can explain the legal processes and tell you what you need to know going forward. However, if you are subject to an indictment that you are aware of, you may arrange with local authorities, depending on local practices, to turn yourself in at that time. It is generally in your best interest to surrender yourself as soon as possible after an indictment so that there is the least amount of inconvenience.
With just hours left in office, President Clinton reached a deal with the independent counsel yesterday that ensures he will avoid indictment for his misleading statements about Monica S. Lewinsky. In exchange, Clinton offered prosecutor Robert W. Ray something he had never before been willing to give: a forthright admission that he gave false testimony under oath.
The timing was not incidental: Ray, sources said, had during weeks of negotiations insisted that Clinton acknowledge wrongdoing while still president, though neither side anticipated that the deal would come on his last full day in office. Clinton also agreed that he will not seek government reimbursement of his legal bills, which total several million dollars, as people who are cleared of wrongdoing during independent counsel inquiries are allowed to do.
Neither Ray nor Kendall would say who initiated the talks. But there was plainly an element of brinkmanship on all sides. Clinton had repeatedly stated in public that he did not fear indictment or want a pardon.
But the prospect of fighting a criminal charge that sources said looked increasingly likely -- even if he won acquittal -- was unpalatable. The possibility of an indictment appeared to increase in early December after Ray initiated a meeting with Lewinsky and told her she might be called before a grand jury, her lawyer Plato Cacheris said yesterday.
A Florida state representative behind the Parental Rights in Education bill, dubbed the \"Don't Say Gay\" bill by critics, announced his resignation after he was indicted on wire fraud, money laundering and making false statements charges. 041b061a72