The Essential Laws of Explained
Important Facts about Indictment that You Need to Have in Mind
Most of the citizens have never found themselves on the wrong side of the law hence have never had a chance of having a case to answer. If you have never have been convicted you will think the conviction process is simple just as it appears in the movies that involves the conviction process. You cannot tackle conviction process without touching on the indictment process. To understand more about the indictment ensure that you have read the article as it will be focusing on the various aspects of indictment.
It is said that you are innocent until the court of law proves that you are guilty based on the evidence present to it. Therefore indictment is the process when you are suspected of committing a crime based on the evidence that is there. You need to know that not all the states that have passed the law that requires the law enforcer to have indictment when charging you. And for those states like Ohio, Texas, and Massachusetts that have passed that vital law, the indictment is used when you have serious crimes which can lead to imprisonment or death penalty to answer. It is difficult to state when you should be facing indictment because the law is not clear on that part. 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.
In the judicial system there is someone or a body which is responsible for ensuring that indictment is served to the right person and will we talk about them below. In the judicial system there is a body that comprises of elected people known as the grand jury, and the body is responsible for checking whether you will be facing indictment. 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. For you to get the invitation means that you know someone who will recommend to the prosecution. The selection process can also be used to get members of the grand jury body. The capability of an individual will determine whether the prosecution will select them into the grand jury.
The magnitude of the crime that you have committed the prosecution will use that to determine if you should be facing indictment. Facing indictment does not mean that you are guilty of the crimes that you have been accused.