• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Indictment question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

smutlydog

Member
What is the name of your state? Texas
If someone is arrested of felony drug charges in what order do things happen ?

A. The defendant is arrested. The case gets filed. He or she is then charged with the crime. After that the case goes to the grand jury

B.The defendant is arrested.The case gets filed.The case goes to the grand jury. If the grand jury chooses to indict he or she is then charged with the crime.
 


ENASNI

Senior Member
smutlydog said:
What is the name of your state? Texas
If someone is arrested of felony drug charges in what order do things happen ?

A. The defendant is arrested. The case gets filed. He or she is then charged with the crime. After that the case goes to the grand jury

B.The defendant is arrested.The case gets filed.The case goes to the grand jury. If the grand jury chooses to indict he or she is then charged with the crime.
Is this a trick question? I would think from all your posts you would know the answer.
 
Last edited:

ENASNI

Senior Member
hmm its Friday and I have a question

Why do they pronounce it [indīt'munt]

Is it to keep the courts clean?
Indictment
n. A felony charge that a Grand Jury issues that is based upon a proposed charge, witnesses' testimony and other evidence that the District Attorney (public prosecutor) presents. A Grand Jury's indictment does not find guilt, but only the probability that a crime was committed and that the accused should be tried. The District Attorney will often only introduce sufficient facts to show the probability of guilt in order to save time and avoid revealing all of the evidence. Under the Fifth Amendment to the U.S. Constitution, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury…." Many states will only use grand juries in moderation and use the criminal complaint followed by a preliminary hearing with the lower court judge or other magistrate to determine whether enough evidence has been presented to support the accused having committed a felony. If the judge determines that enough evidence exists, he/she will order the appropriate court to hear the case.



You never came back I wanted a debate... I just brushed up on my Grisham... :p

Okay another Martini for me... bartender.... easy on the Vermouth or I will Indict you of some wrongdoing.. DRY means DRY.. I know or have some brushings with a dang mean lawyer in L.A. and if you murder another Martini.. well... there will be H.E. double toothpicks to pay!!!
 

smutlydog

Member
ENASNI said:
Why do they pronounce it [indīt'munt]

Is it to keep the courts clean?
Indictment
n. A felony charge that a Grand Jury issues that is based upon a proposed charge, witnesses' testimony and other evidence that the District Attorney (public prosecutor) presents. A Grand Jury's indictment does not find guilt, but only the probability that a crime was committed and that the accused should be tried. The District Attorney will often only introduce sufficient facts to show the probability of guilt in order to save time and avoid revealing all of the evidence. Under the Fifth Amendment to the U.S. Constitution, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury…." Many states will only use grand juries in moderation and use the criminal complaint followed by a preliminary hearing with the lower court judge or other magistrate to determine whether enough evidence has been presented to support the accused having committed a felony. If the judge determines that enough evidence exists, he/she will order the appropriate court to hear the case.



You never came back I wanted a debate... I just brushed up on my Grisham... :p

Okay another Martini for me... bartender.... easy on the Vermouth or I will Indict you of some wrongdoing.. DRY means DRY.. I know or have some brushings with a dang mean lawyer in L.A. and if you murder another Martini.. well... there will be H.E. double toothpicks to pay!!!
So I guess "proposed charge" means the individual is not yet charged until the grand jury gives the case thumbs up.
My knowledge of the law comes from personal experiece. As a minor I was arrested 7 times and as an adult 2 times.All arrest were related to drugs and not violence or theft.

I am in sales which is just about all I can do with a marketing degree considering the felony drug conviction on my adult record. The art of minipulation( sales) is just not for me.
I am thinking of becoming a Licenced Chemical Dependency Counselor.If I have been charged within the last 7 year the state won't licence me.

My house was raided and the police arrested me. When the case went to the grand jury they rejected it.So I guess I was never charged.My life kind of flashed before me while waiting to be indicted.I have not done any drugs or alcohol since then.Actually I had already cut the alcohol and hard drugs out of my life 5 years before the raid but I still had a problem with weed.Now I am completly drug free.
 

ENASNI

Senior Member
smutlydog said:
So I guess "proposed charge" means the individual is not yet charged until the grand jury gives the case thumbs up.
My knowledge of the law comes from personal experiece. As a minor I was arrested 7 times and as an adult 2 times.All arrest were related to drugs and not violence or theft.

I am in sales which is just about all I can do with a marketing degree considering the felony drug conviction on my adult record. The art of minipulation( sales) is just not for me.
I am thinking of becoming a Licenced Chemical Dependency Counselor.If I have been charged within the last 7 year the state won't licence me.

My house was raided and the police arrested me. When the case went to the grand jury they rejected it.So I guess I was never charged.My life kind of flashed before me while waiting to be indicted.I have not done any drugs or alcohol since then.Actually I had already cut the alcohol and hard drugs out of my life 5 years before the raid but I still had a problem with weed.Now I am completly drug free.
Good for you.. Good dog Good Smutly Dog.. Read A Time to Kill by Grishim.. Tells all about the Grand Jury phase in Lay mans terms.. then it might ease you into the big thick heavy books like it did me.. I am no lawyer. I Just read everything that gets in my way. These just got in my way one day when a bookshelf fell over.. Take care of yourself and away from the bad stuff. so the answer was B and a "case" was not necessarily "filed"..lessor files were made and the person would be in jail with or without bail.Then the grand jury would peruse the case to see if an indictment would be made.(Formal charge.. case made... Trial)

I still do not know what I want to be when I grow up. :eek: NOT a lawyer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top