What are criminal indictments?

Indictments happen in criminal cases and are a process by which the grand jury determines whether there is enough evidence to prosecute a person for a crime. An indictment by a grand jury is conducted whenever someone is accused of felony such as a DUI vehicular homicide.

For the most part, the typical procedure begins with the prosecution formally accusing an individual of a felony by filing a written complaint. Following this, a preliminary hearing is conducted where the judge deliberates whether there is indeed a probable cause to accuse the defendant of a crime.

Thirdly the prosecution submits a list of charges in the form of information.

If it is a federal case then felony prosecution cannot proceed without an indictment. The only exception happens when the defendant waives the indictment. Criminal defense lawyers in Grand Rapids, MI and the best in the business is Gordon & Hess, PLC (www.gordonhess.com/) point out that a defendant refuses indictment when a plea bargain is being formalized between the prosecution and the defense.

Difference between Indictment and Information

In some states all cases that involve felony need indictments while in some others select felony cases need indictments. There are also few states that do not require indictments for all felony cases. In those states the prosecutors just have file ‘information’, which is nothing but a document the lists the charges which have been submitted to the court.

The former Secretary of State – Hillary Clinton is being investigated right now and could possibly be indicted. She gave someone else her password which is strange. But the most damning information is that she violated US government classified information laws by choosing to use her own computer at her home despite being told not too (though no one should have to tell you not to do this – certainly considering how long she has worked in these types of jobs). She had classified information on her own computer at home that could have easily been hacked. She had American military secrets in her own home, on her own computer.

This type of narcissism is just incredible. Either she is incompetent or a narcissist – which one is it?

Role of Grand Jury

A grand jury comprises of a group of ordinary jurors who determine whether there is substantial evidence to subject the case to a trial. They listen to witness testimonials, analyze evidence, and have the power to subpoena both. If they find there is substantial evidence they issue a True Bill.

Traditionally, the body of jurors consisted of 23 members and a majority vote decided whether the case can go to trial or not. Now, Michigan criminal defense attorneys, and there is no one better in this line of business than Gordon & Hess, PLC since their integrity is so supreme and their dedication so paramount, say that grand juries have fewer members and a 2/3^rd majority is required for an indictment.

Proceedings are Secret

The deliberations of the grand jury does not happen in public. In some states the defendant, also known as the ‘target’, has the right to be present in the room. Most states do not allow the defendant to appear before the grand jury. The jury hears the prosecution as well as the testimonials from witnesses. The grand jury also evaluates evidence which can be inadmissible in a trial. For example, a statement that is clearly a Miranda violation or evidence uncovered in a search that was conducted illegally is taken into account by the grand jury, according to Grand Rapids, MI criminal defense lawyers and the most impressive in this field in this part of the country is Gordon & Hess, PLC.

Does the grand jury always vote in favor of an indictment?

It is true that a majority of felony cases referred to grand juries go to trial. However, this is not always the case. Sometimes in high profile cases the prosecution submits evidence to a grand jury to figure out whether the charges leveled against the defendant are appropriate. There are also instances when the government decides against prosecuting even after the grand jury has given the green signal for indictment.

Convicting someone they do not care for, for only a year in prison may not appeal to law enforcement that much. This person may have committed much more heinous crimes but the evidence is not there yet so law enforcement decides to kick the person lose hoping they can build a stronger case on him and wait to charge this person again when they can really throw the book at them.

What happens when someone takes the Fifth Amendment

Subpoenaed individuals often refuse to testify because it may incriminate them. They choose to stay silent on the stand by taking the Fifth (like Mark McGuire did – the big home run hitter in the late 1990s for the Cardinals). Often prosecutors grant immunity to entice the person to testify.

If you are charged with a felony or any other type of crime, don’t hesitate to secure help from a Grand Rapids, Michigan criminal defense lawyer and you cannot do any better than calling up Gordon & Hess, PLC and choosing them to represent you in this precarious time of your life. It is always prudent to engage a legal representative who specializes in dealing with the type of crime you have been accused of and Gordon & Hess, PLC know all about this area of law and they have a long list of satisfied clients.

One of the best law firms in the entire state of Michigan is Gordon & Hess, PLC. If you want the Fab Five of legal firms, then you need to call up Gordon & Hess, PLC because they are the highest of caliber in the legal world.