Motion To Strike Surplusage From Indictment

Indictment An indictment is a formal document issued by a Grand Jury, charging the Defendant of committing a crime(s). The U.S. Attorney or an Assistant U.S. Attorney appears before a Grand Jury and presents evidence to show a person has committed a crime and that they should be formally charged for it.

There are three types of charging documents: an Indictment, a Complaint, and an Information.

In California, there must be a preponderance of the evidence that the state has probable cause to believe a person is guilty of a crime.If the grand jury issues an indictment, the state will still have to prove guilt beyond a reasonable doubt.

A written accusation charging that an individual named therein has committed an act or omitted to do something that is punishable by law. It originates with a prosecutor and is issued by the grand jury against an individual who is charged with a crime.

Indictment is a noun form of the verb indict, which can be used in the sense of making formal criminal charges or in the more general sense of accusing or criticizing. Example: According to the indictment, the suspect is being charged with armed robbery.

The indictment contains the basic information that informs the person of the charges against them. For potential felony charges, a prosecutor will present the evidence to an impartial group of citizens called a grand jury.

Like an indictment, an information is a formal charging document that describes the criminal charges against a person and the factual basis for those charges. Unlike an indictment, however, an information does not require a grand jury's vote.

The legal definition of an indictment is a formal accusation against an individual suspected of committing a crime. Indictments are usually needed for felony crimes, and the prosecutor must present their case in front of a grand jury in order to get an indictment.

Remember that to convict a person of a crime, the burden of proof is much higher. An indictment requires establishing probable cause, a conviction requires the evidence to be proven true beyond a reasonable doubt. The grand jurors vote in private, with no prosecutor present.