A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence. The following form is a sample of such a motion.
Description: The term "indictment" is a legal term that refers to a formal accusation or charge brought against an individual by a grand jury or a prosecutor. It typically signifies that sufficient evidence has been gathered to proceed with a criminal trial. An indictment is a crucial step in the criminal justice process, as it ensures that the accused is formally notified of the charges they are facing, allowing them to defend themselves and ensure due process. Indictments can apply to various types of crimes, ranging from white-collar offenses to violent crimes. Sample sentences using "indictment" with context clues: 1. "The grand jury issued an indictment against the CEO for embezzlement, signaling a turning point in the high-profile corporate scandal." Keywords: CEO, embezzlement, grand jury, corporate scandal 2. "The prosecutor announced her intention to seek an indictment against the suspect in the murder case, presenting compelling evidence at the preliminary hearing." Keywords: prosecutor, suspect, murder case, preliminary hearing, compelling evidence 3. "The indictment against the politician on charges of bribery and corruption sent shockwaves through the nation, leading to widespread calls for his resignation." Keywords: politician, bribery, corruption, shockwaves, resignation 4. "In a surprising twist, the indictment against the renowned artist for art theft turned out to be based on a misunderstanding, leading to swift exoneration." Keywords: renowned artist, art theft, misunderstanding, swift exoneration Types of Use Indictment: 1. Criminal Indictment: This is the most common type, referring to charges brought against an individual for a criminal offense. It involves presenting evidence to a grand jury, who then decides whether to issue an indictment. 2. Federal Indictment: These indictments are applicable when a federal crime has been committed. Federal indictments are brought by federal grand juries for crimes that violate federal laws, such as drug trafficking or interstate fraud. 3. Civil Indictment: Unlike criminal indictments, civil indictments are used in civil cases rather than criminal cases. They involve one party accusing another of wrongdoing, typically resulting in financial compensation rather than imprisonment. 4. True Bill Indictment: A "true bill" indictment is issued when the grand jury determines that there is sufficient evidence to proceed with a trial. 5. No-Bill Indictment: In contrast, a "no-bill" indictment is issued when the grand jury determines that there isn't enough evidence to support a trial, resulting in the charges being dropped. It's important to note that the terms and types of indictments may vary depending on the jurisdiction and legal system in practice.
