Tips to Have in Mind Concerning Indictment
For those who have never found themselves rubbing shoulders with the law enforcers they do not understand the process of convicting an individual. The conviction process whereby the law enforcer arrest you and the next thing you find yourself in court makes people think the conviction process is simple as it appear in the movie. To ensure that you get the process of conviction well you need to know some basic facts about indictment. The article below will focus on the things that you should know about indictment that will be necessary and will help you get to understand the process followed when one has a case to answer in court.
The prosecution should prove that you are guilty of the crime present using substantial evidence until then you are innocent. An indictment is when the prosecution accuses you of committing a crime based on the available evidence. In some states that have not passed the indictment law, the judicial system does not need an indictment in your trial. In states like New York, Texas, and Ohio have passed the indictment and you need to be accused of committing a serious crime that will result to imprisonment or death sentence for you to have a chance of facing indictment. The law does not state when you should start facing indictment during the trail. In some cases, the law enforcers have to arrest you and then request indictment on your case, while in some jurisdiction the police will be required to get the indictment before arresting you.
Now you may be wondering who approve that an individual has committed enough crime and they should be facing an indictment. The grand jury is the body responsible for the indictment in any case and comprises of people who have been appointed by the prosecution. There should be enough evidence to ensure that you are facing indictment and the prosecution selects those in the grand jury body. There are different ways that you can find yourself in the grand jury and one been through an invitation from the prosecutor. The prosecution gets a recommendation and then sends you an invitation to the grand jury. Another way is by selection just like when you are applying for a job in an organization. In the selection, you have to be interviewed, and the prosecution will select the ideal candidate based on their capability.
The magnitude of the crime that you have committed the prosecution will use that to determine if you should be facing indictment. You can be facing indictment and remain innocent till proven guilty based on the evidence produced by the prosecutor.