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What is the difference between being arrested and being indicted?
“Being charged” with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant. Regardless of how the state moves forth with filing charges, the results are the same for the defendant: an arrest and formal charges.
What happens after indictment in Texas?
An arraignment signifies the start of court proceedings. Here, the court reads the charges, takes a plea, and places counsel on record. For those that plead guilty, this is the final step before sentencing. According to the Texas code of criminal procedure, arraignments usually take place two days after an indictment.
What does superseding indictment mean?
The superseding indictment can include different charges, new charges, or add new defendants. Once the grand jury returns a superseding indictment, the superseding indictment replaces (supersedes) the original indictment.
What’s the difference between indictment and prosecution?
After the prosecutor studies the information from investigators and the information they gather from talking with the individuals involved, the prosecutor decides whether to present the case to the grand jury. When a person is indicted, they are given formal notice that it is believed that they committed a crime.
What happens after a grand jury indictment in Texas?
If the grand jury determines there is sufficient evidence to prosecute, then a “true bill” is issued, and the defendant remains in custody or on bond pending trial. After the indictment has been issued, the defendant will be arraigned, meaning they will be brought before the trial judge and they must enter a plea.
What is the difference between an indictment and a superseding indictment?
A superseding indictment is just like any other indictment, and it must be obtained the same way as the original indictment—through a grand jury. The superseding indictment can include different charges, new charges, or add new defendants.
What is the purpose of indictment?
When a person is indicted, they are given formal notice that it is believed that they committed a crime. The indictment contains the basic information that informs the person of the charges against them.
What’s a supersede indictment?
What happens to a defendant after they are indicted?
If a defendant has yet to be arrested, he or she could be following the indictment. For defendants already in jail after their arrest and unable to bail themselves out, they could remain there after an indictment to await trial. Or a judge may set the conditions of their pre-trial release.
How long does it take to get an indictment?
Once prosecutors file a criminal complaint and notify the defendant of it, the government has 30 days to present the case to a grand jury for an indictment to enable the case to move forward.
Can You bail Yourself Out of jail after a grand jury indictment?
For defendants already in jail after their arrest and unable to bail themselves out, they could remain there after an indictment to await trial. Or a judge may set the conditions of their pre-trial release. If you’ve been indicted by a grand jury, you should consult with an experienced criminal defense attorney immediately.
Does an indictment determine probable cause for arrest?
In Gerstein, the Court indicated it was not disturbing the prior rule that “an indictment, ‘fair upon its face,’ and returned by a ‘properly constituted grand jury’ conclusively determines the existence of probable cause and requires issuance of an arrest warrant without further inquiry.” See Ex parte United States, 287 U.S. 241, 250 (1932).