Indictment Paper

A charge is brought against someone by a prosecutor. But in an indictment, a grand jury brings the charges against the defendant. All indictments are charges, but not all charges are indictments.

One useful rule in regards to the Grand Jury is a 60 day rule From the day a case is waived to the Grand Jury from District court the Commonwealth has 60 days to indict you or you are released on your own recognizance.

For felony charges, most states will have a preliminary trial to determine if probable cause exists to send a charge to a grand jury. If the prosecution decides to bypass this step, it will issue a straight indictment.

Pre-Indictment The prosecutor asks a grand jury to investigate and determine whether or not a suspect should be charged with a crime.If someone, including a suspect, is called to testify before a grand jury, he or she cannot have an attorney present in the grand jury room.

Under the United States and Kentucky Constitutions, a person accused of a felony offense can be prosecuted only after being indicted by a Grand Jury.

This means that a judge cannot simply overturn the decision of the grand jurors who authorized the indictment. It is the constitutional task of the grand jurors to deliberate and decide on whom to charge.

The grand jury hears evidence and determines if there is sufficient proof to support an indictment and require the accused to stand trial. One member of the grand jury is elected foreperson of the other jurors. The foreperson is responsible for swearing in all witnesses who come before the grand jury.

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.

Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: 1) right to indictment by the grand jury before any criminal charges for felonious crimes, 2) a prohibition on double jeopardy, 3) a right against forced self-incrimination, 4) a guarantee that all ...