Indictment Specifics An indictment must contain several things, such as: The signatures of the prosecutor who brought the case to the grand jury and the foreperson of the grand jury A short, plain and clear statement of the important facts of the case that show that the crime was committed The elements of the crime charged and a statement of the facts and circumstances that explain how you committed each element of that specific crime. This requirement is perhaps the most important because an indictment needs to be specific enough so that: (1) You know what crime you need to defend against, and; (2) You can avoid being prosecuted later for the same crime after youve been convicted or acquitted The name the of statute, rule, regulation or other law that youre charged with violating, as well as where it may be found in the law books (called its citation) Errors in an indictment may make it invalid, and if youre convicted, you may be able to get the conviction reversed or thrown out. For instance, you may be able to claim that an indictment is invalid because it doesnt contain: Specific facts showing that you committed the crime charged. For example, an indictment charging a defendant with contempt of Congress for refusing to answer questions during an inquiry is likely invalid if doesnt specify the questions he refused to answer All the elements of an offense. For example, an indictment under a federal law that deals with crimes committed by Native Americans on Native American lands is likely invalid if it doesnt state that the defendant is, in fact, a Native American These are just two examples of how errors may make an indictment invalid. If youve been indicted, you need to read the indictment carefully, and if you have any questions, you should talk to your attorney immediate
Posted on: Sat, 03 Jan 2015 17:23:50 +0000
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