We are on YOUR side. One of our criminal defense lawyers will explain your legal rights, advise what options exist for you, and explain the different ways to prepare for and try to avoid an indictment in North Carolina.
By being truthful and informative, this professional legal advice can calm your nerves, once you know what to expect, and prepare for all available alternatives. Detailed legal information and advanced lawyer preparation are important variables in any legal representation for crimes in NC.
For indictable felonies, the legal process can be particularly confusing, with the involvement of a grand jury indictment. That is why it is vitally important to know your options ahead of time. Our North Carolina criminal defense law firm is here to help you.
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Thomas and Michael P. Neifach and Otieno B. Porzio and Joshua S. Bryan What a Deal! Ferrante and Nathaniel M. Porzio and Elizabeth A. Bourne and Daniel J. Ferrante and Jana L. Kolarik Judge Leonard P. Lovitch and Rachel E. Ryu and Connor J. Leahy and Stacey A. Fehling and Michael S. Updates from the Fifth Circuit and Yuengert and J. Cohen and Mark E. Howell and Christi A. Harrison and T.
Dobry and Eric J. Miller and Tinny T. Another Case Demonstrates the Barnes and Whitney Bly Edwards, Ph. Cohen and David R. Loring and Sara A. Cooper and Robert A. Friel and Glenn A.
Gottshall and Janet R. Srinivasa and Peighton M. Typically, though, the police forward an arrest report to the prosecutor, and the prosecutor decides whether to pursue criminal charges. A prosecutor can generally do this in one of two ways, depending on the laws in the state. In some states and the federal system, the law requires prosecutors to submit charges to the grand jury system and those charges take the form of an indictment. In other states, the prosecutor files a criminal complaint directly against the defendant.
The relevant law determines which option the prosecutor must use. Although, in many places, the prosecutor can choose whether to file a complaint or go before a grand jury to pursue an indictment. In order to get an indictment, a prosecutor must present evidence to a grand jury—a panel of citizens selected for duty just like a petit or trial jury. Grand jury proceedings are secret and a one-sided affair, with only the prosecutor presenting evidence.
The grand jury reviews the evidence to determine whether it's likely that the accused committed the crime a probable cause standard. If a majority or the required number of grand jurors agree probable cause exists, it votes to indict. If it decides the evidence doesn't support the charges, no indictment results and no charges are filed at that time. Learn more about the process in What Is a Grand Jury?
Sometimes people confuse an indictment with a conviction. Although rare, some errors in the empaneling of a Grand Jury can void its actions. Certain qualifying questions must be asked by the Judge that empanels the Grand Jury. Plus, an analysis of who could serve on that Grand Jury may be fruitful in challenging the composition of the Grand Jury. Call today for a FREE lawyer consultation.
Author Cory E. Yager , Larry Kohn or William Head are here to assist you. Our lawyers near me in metro Atlanta can help. When a felony DUI vehicular homicide Georgia occurs, or any other serious felony charge in Georgia rape, aggravated assault , domestic violence felony in GA, drug possession, aggravated sodomy , DUI felony , the usual steps are for police or investigators to make an arrest, based on an arrest warrant executed before a Judge.
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