Charlotte Criminal Lawyer Blog
How Does an Indictment Work in North Carolina?
When law enforcement believes that a crime has been committed, they may charge a person immediately. In some cases, particularly in the case of felonies or other serious charges, the prosecutor may seek an indictment through a grand jury. When this happens, the defendant is charged with a crime after the grand jury has reviewed the evidence from the prosecutor and decides that the person should face charges
What is an Indictment?
An indictment is a formal criminal charge issued by a grand jury. When a person is indicted, it means that prosecution for a crime will begin. An indictment is an alternative method for charging someone with a crime and is often used in felony crime charges. An indictment means that there is enough evidence that a crime has been committed to charge a person. The indictment process itself comes from old English law that has carried over through the centuries. It stems from the belief that the ruler did not have the ultimate power to bring criminal charges. Thus, a jury of peers is used in some circumstances to make the decision of whether or not to bring charges.
How Does a Grand Jury Work?
North Carolina law defines a grand jury as “a body of persons consisting of not less than 12 nor more than 18 persons, impaneled by a superior court and constituting a part of such court”. A grand jury is not a traditional jury in the sense that a grand jury does not determine ultimate guilt or innocence. The grand jury reviews the evidence that the prosecutor presents and decides together whether there is sufficient evidence to proceed with a criminal charge. If they find that there is probable cause that a defendant committed a crime, they return a “true bill,” and the district attorney will indict the defendant.
What Happens if You are Indicted?
If you are indicted for a crime, you will be charged. Once charged, the court may issue a warrant for your arrest. Law enforcement may come to your home or place of business to make an arrest. In some cases, you may be able to turn yourself in at a designated time and place. This is often facilitated through your attorney. By turning yourself in, you allow the process to proceed without the embarrassment of arrest.
Once in custody, the case proceeds the same as any other criminal case. You will go before a judge, and the judge will set or deny bail. Your attorney will seek to obtain specific information about the indictment by filing a Bill of Particulars. This allows access to the evidentiary information that was utilized through the indictment. As the case proceeds, discovery may provide additional evidence that may not have been part of the indictment process.
If you are facing a possible indictment, you will want to speak with an experienced criminal defense attorney as soon as possible. Call our skilled legal team today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-621.html
https://www.law.cornell.edu/wex/indictment
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