By including the indictment requirement in the Fifth Amendment, the Framers intended that the grand jury — a body of ordinary citizens — would act as a buffer against an overzealous prosecutor. But in reality, the indictment requirement presents a relatively low hurdle to criminal prosecution.
Prosecutors control all the evidence that the grand jury sees. They instruct the grand jury on the law. And they write the indictments.
Under those circumstances, it is no surprise that prosecutors frequently obtain the indictments they seek. To learn more about corporate and executive criminal liability, follow us on LinkedIn. Once the prosecutor gets the case, he or she can either dismiss charges, add charges, or keep the charges identical to the arrest warrants.
There are two ways to be charged with a crime in Georgia: either through an indictment or accusation. An indictment is the most formal way of charging someone with a crime and is reserved for more serious felonies. To indict someone, prosecutors must present the facts before a grand jury a group of citizens and have them determine if there is sufficient probable cause for the crime.
Georgia statute permits the use of accusations for misdemeanors and some less-serious felony charges. With an accusation, only the prosecutor needs to determine if there is probable cause, a grand jury is not necessary. However, if a prosecutor does not believe there is sufficient evidence to prosecute you, he can request that the warrants against you be dismissed.
The period between when you are arrested and when prosecutors are making the decision whether to accuse or indict the case is a crucial one. If a defendant pleads not guilty, a trial takes place unless a Plea Agreement can be reached between the Assistant U.
Attorney and the defense attorney. In those instances, the defendant must offer a change of plea before a U. District Court Judge, who needs to approve the terms of the Plea Agreement. Trial -- A trial is heard before a jury of citizens selected at random from across the judicial district and overseen by a U. District Court Judge. At trial, the Assistant U. Attorney must -- and the defense attorneys may -- call witnesses and present evidence The government has the burden of proving the elements of the offense beyond a reasonable doubt.
Afterwards, the jury must unanimously decide the verdict. If the defendant is found not guilty, he or she is released. If he or she is convicted , however, the pre-sentencing process begins. Pre-Sentencing -- After the entry of a guilty plea or the unanimous finding of guilt by a jury following trial, the U. Probation Office collects information about the defendant and crime victims and supplies it, along with a recommendation for sentence, to the U.
Sentencing -- Approximately eight weeks after the entry of a guilty plea or a jury finding of guilt, the U. District Court Judge imposes sentence. Appeal -- The defendant may appeal either the finding of guilt or the sentence or both.
To do so, he or she must file with the sentencing court a Notice of Appeal within 10 days from the sentencing, or Judgment , date. Note, if the defendant pled guilty, generally only the sentence may be appealed.
Also, sometimes, the defendant gives up, or waives , the right to appeal in the Plea Agreement. Federal Criminal Procedures. Federal Criminal Procedures Hmong. Federal Criminal Procedures Spanish. Federal Criminal Procedures Somali. You are here U. Attorneys » District of Minnesota » Federal Procedures.
0コメント