Tips to Have in Mind Concerning Indictment
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. There those of us who think the process of conviction is simple like we see in the movies whereby the suspected is arrested by law enforcer and then they appear in court soon. Indictment is a part and parcel of conviction process and you have the chance of facing indictment during your trial. 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. Therefore indictment is the process when you are suspected of committing a crime based on the evidence that is there. The state you are in has to pass or should have passed the indictment law to ensure that you are facing indictment during your trail. To have the chance of facing indictment in the states that have passed indictment law you have to be accused of committing serious crimes whose punishment is death or imprisonment. It is difficult to state when you should be facing indictment because the law is not clear on that part. Depending on what the court system the police can arrest you when they have the indictment or they can arrest you and then seek for the indictment for your case.
The only question everyone should ask themselves who is responsible for indicating who should face the 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. An invitation can be a way that the prosecution can ensure that they are getting the ideal person in the grand jury. With the invitation it means that someone should refer the prosecutor to you and therefore an invitation will be sent you. The prosecution can also decide to use the selection to get the right person in the grand jury. In the selection, you have to be interviewed, and the prosecution will select the ideal candidate based on their capability.
Facing indictment means that the prosecutor thinks that you committed the crime based on the available evidence. So whether you have been indicted or you are facing indictment the prosecutor has to prove to the jury with evidence that the suspect is responsible for committing the crime indicated.