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what is the legal definition of indictment?

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greeneyes676767

Junior Member
What is the name of your state (only U.S. law)? MT
Does an indictment usually involve one or more people? Or can it be one person?
 


JETX

Senior Member
Does an indictment usually involve one or more people? Or can it be one person?
An indictment applies to an individual person... but multiple persons can be indicted each for their own conduct or charge.

indictment
n. a charge of a felony (serious crime) voted by a Grand Jury based upon a proposed charge, witnesses' testimony and other evidence presented by the public prosecutor (District Attorney). To bring an indictment the Grand Jury will not find guilt, but only the probability that a crime was committed, that the accused person did it and that he/she should be tried. District Attorneys often only introduce key facts sufficient to show the probability, both to save time and to avoid revealing all the evidence. The Fifth Amendment to the U.S. Constitution provides that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury…." However, while grand juries are common in charging federal crimes, many states use grand juries sparingly and use the criminal complaint, followed by a "preliminary hearing" held by a lower court judge or other magistrate, who will determine whether or not the prosecutor has presented sufficient evidence that the accused has committed a felony. If the judge finds there is enough evidence, he/she will order the case sent to the appropriate court for trial.
 

FlyingRon

Senior Member
An indictment applies to an individual person... but multiple persons can be indicted each for their own conduct or charge.
And those multiple indictments can be handed down in the same court proceeding and document.
 

BOR

Senior Member
What is the name of your state (only U.S. law)? MT
Does an indictment usually involve one or more people? Or can it be one person?
The definition of Indictment is whatever your state Rules of Criminal Procedure outline it as.

States are not bound to Indict by GJ, as that provision has never been incorporated to apply to the states.

The # of people that can be indicted can probably also be found in the Rules, either seperate or together.
 

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