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Mississippi Waiver of Indictment

Mississippi Waiver of Indictment

Name: Mississippi Waiver of Indictment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.57 (409 reviews)

Category:

Mississippi Local County - 12th District - Circuit Court

State:

Mississippi

Control #:

MS-SKU-0150

Format:

Instant download

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Description

Waiver of Indictment A Mississippi Waiver of Indictment is a legal document that allows a defendant to bypass the grand jury process and agree to be tried for their alleged crime without a grand jury indictment. This waiver is usually signed by the defendant in a criminal case after consulting with an attorney. There are two types of Mississippi Waiver of Indictment: a Waiver of Grand Jury Indictment and a Waiver of Presentment of Criminal Information. The Waiver of Grand Jury Indictment allows a defendant to enter a plea of guilty or solo contender without the need for a grand jury to formally indict the defendant. A Waiver of Presentment of Criminal Information allows a defendant to enter a plea of guilty or solo contender without a formal criminal charge being presented to the court. Both types of waivers are voluntary and must be signed by the defendant, the defendant's attorney, and the prosecuting attorney.

A Mississippi Waiver of Indictment is a legal document that allows a defendant to bypass the grand jury process and agree to be tried for their alleged crime without a grand jury indictment. This waiver is usually signed by the defendant in a criminal case after consulting with an attorney. There are two types of Mississippi Waiver of Indictment: a Waiver of Grand Jury Indictment and a Waiver of Presentment of Criminal Information. The Waiver of Grand Jury Indictment allows a defendant to enter a plea of guilty or solo contender without the need for a grand jury to formally indict the defendant. A Waiver of Presentment of Criminal Information allows a defendant to enter a plea of guilty or solo contender without a formal criminal charge being presented to the court. Both types of waivers are voluntary and must be signed by the defendant, the defendant's attorney, and the prosecuting attorney.

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FAQ

A: Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if evidence has been lost

Trial shall be set for no later than two-hundred-and-seventy (270) days after arraignment (or waiver thereof). A docket of cases set for trial shall be maintained by the clerk or the court administrator. Cases set by the judge for trial must be ready at the appointed time. (b)Criminal Docket to Have Priority.

Arraignment versus Indictment in North Mississippi While an arraignment is an opportunity for a defendant to hear the charges against them and enter a plea, an indictment is a legal document formally charging a defendant with a crime.

Rule 15.1 - Necessity of Arraignment (a) Service of Indictment. Before arraignment, a copy of the indictment shall be served on the defendant. Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment.

The indictment is the formal charge in a felony proceeding. Once indicted, the next step is arraignment. The arraignment is where the defendant charged will plead guilty or not guilty. In most, if not all cases, the person charged will enter a not guilty plea at the arraignment.

More info

Waiver of an Indictment. Download Form (pdf, 259.(b) Waiving Indictment. 6. This waiver of indictment is made after full consultation with and advice of counsel and is knowing, intelligent, and voluntary. Date. Obtaining a grand jury indictment is costly and time consuming, and a defendant must first waive indictment before an information can be used. Petition To Waive Prosecution By Indictment (Preliminary Questions) Form. This is a South Carolina form and can be use in District Court Federal. This Court approves Defendant's waiver of the two (2) full days of service of Indictment before arraignment. The Defendant waives the right to be arraigned in open court on said Indictment. The Defendant waives the right to be arraigned in open court on said Indictment.

Mississippi Waiver of Indictment

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