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degree of charges

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A

Abbey283

Guest
What is the difference between a criminal complaint and an idictment, and does a criminal complaint always preceed an idictment.
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Basically they are the same. Criminal complaint started by prosecutor (charges are brought against you). Indictment usually done by grand jury. Both essentially same thing: sufficient probable cause to charge you with the crime.



 
N

nuyuky

Guest
A criminal complaint is an initial procedure, then the prosecution files a bill to the grand jury, when the GJ decides that a crime has been committed, or there is probable cause that a crime has been committed, then it becomes a true bill, which means an indictment. An indictment can be challenged for legalicies like for instance, a grand jury has been constituted illegally. States have different rules. These rules are called, "Alaska Court Rules", or "(Your State)Rules of Court. There are basically Federal and State indictments. If you have been indicted, it would be in your interest to challenge the legality of that indictment. Please familarize yourself with the rules of your state. You can find these rules on the internet. Just type in (Your State) Rules of Court. If the Grand Jury decides there are no crimes committed they will stamp it "no true bill. Happy?
 

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