Menu Close

What does it mean to be indicted on drug charges?

What does it mean to be indicted on drug charges?

An indictment is a way of charging someone with a felony after a complaint has been filed. A true bill of indictment means that a grand jury has determined there is probable cause to move forward in a case and the charges have been formalized and will proceed to the trial court.

How does an indictment work?

When a person is indicted, they are given formal notice that it is believed that they committed a crime. The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime.

How long does it take for a felony case to go to trial?

It is not uncommon for felony cases to go on for months or even years in some cases, depending on the complexity or the number of defendants. The bottom line is, anyone charged with a felony should expect their case to take at least several months, and often more than that.

Who would actually bring up the charges in a criminal case?

A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment.

What is the difference between being charged and being indicted?

Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means a grand jury has filed charges against you.

What happens after a person is indicted?

Arraignment — After an Indictment or Information has been filed and arrest has been made, an Arraignment must take place before a Magistrate Judge. During an Arraignment, the accused, now called the defendant, is read the charges against him or her and advised of his or her rights.

How serious is an indictment?

An indictment is a formal accusation, based upon available evidence, that a person has committed a serious crime. If there’s enough evidence to prove that a person committed a crime, then they’re indicted. That said, many states have passed laws that require an indictment to charge someone with a felony crime.

Can you beat an indictment?

Once you are indicted, there are three main options. First, your lawyer can petition the court to dismiss the indictment. Second, you can ––upon the advice of your attorney–– plead guilty. Third, you can contest the allegations and invoke your constitutional right to a jury trial.

Why do most cases never go to trial?

It’s no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence. And some defendants escape conviction through pretrial motions, like a motion to suppress evidence. …

What are the 12 steps of a criminal trial?

What are the 12 steps of a criminal trial?

  • Judge or Jury Trial.
  • Jury selection.
  • Evidence issues.
  • Opening statements.
  • Prosecution case-in-chief.
  • Cross-examination.
  • Prosecution rests.
  • Motion to dismiss (optional).