Thursday, January 16, 2014

If someone is indicted would there have been a prior arrest or some kind of knowledge of a prior event that the defendent has knowledge abou...

Question

If someone is indicted would there have been a prior arrest or some kind of knowledge of a prior event that the defendent has knowledge about or is it possible the defendent has no idea about the indictment?



Answer

It is completely possible that the defendant has zero idea that there was an investigation or case against him, or that an indictment issued - until he is picked up on a warrant. Many times "investigations" are little more than receiving a complaint and filing charges. Some times if the DA's office is not sure if they want to proceed on a case, they will take it to a grand jury without filing charges to see if the grand jury wants to indict. If so, charges are filed and a warrant issued. This is unusual, but not unheard of.



Answer

It is possible to be investigated, charged, indicted and have a warrant without the knowledge of the defendant. The police only have to have their police report to go to the grand jury to get an indictment. The grand jury is not making a determination on whether or not a person is guilty. The grand jury is only making a determination of whether or not the police officer alleged enough facts for probable cause to believe that a crime has occurred.



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