What is the process for an indictment?
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What is the process for an indictment?
When a person is indicted, he is given formal notice that it is believed that he committed a crime. The indictment contains the basic information that informs the person of the charges against him. A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.
What happens when an indictment is unsealed?
When a sealed indictment is filed, all documents in the case are sealed. When the indictment is unsealed, all the documents in the case are unsealed unless otherwise ordered by the presiding judge.
What is it called when a grand jury doesn’t indict?
If the grand jury decides not to indict, it returns a "no bill." However, even if a grand jury doesn't indict, the prosecutor can return to the same grand jury and present additional evidence, get a new grand jury, or even file criminal charges regardless.
When can a person be held for a capital crime without an indictment from a grand jury?
The first part of the Fifth Amendment reads as follows: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger …”
