![]() If the District Attorney is seeking an indictment, a sufficient number of the grand jurors must agree that the criminal case should go forward, after they are convinced that probable cause to believe the alleged crime occurred is reliably presented to them.Ī criminal defense lawyer looks at multiple layers of compliance for any NC indictment against his or her client for criminal charges. Plus, for an English criminal court in 1650, versus an American felony crimes court in 2018, "what is an indictment?" has taken on a substantially different meaning, with different consequences.Ī NC Grand Jury Indictment: What is a True Bill of Indictment?įollowing this theme of secrecy, the legal document submitted at the end of the grand jury hearing or "presentment" containing the sealed indictment is required to show how many of the grand jurors were present, plus the names of the grand jurors, on all indictments. When you add the word "grand," the answer to "what does jury mean" dramatically changes. How Important is Good Legal Advice for Criminal Charges? Plus, both in England and in North Carolina criminal charges, grand jury proceedings in issuing felony indictments are done in secret, and almost always without a criminal defense attorney being allowed to be present on behalf of the accused. What Is an Indictment? What Does Indicted Mean?īoth in the English common law countries and in the US Constitution, the indictment procedure of assembling a Grand Jury is NOT a trial, and the Grand Jurors have no power to determine "guilt" or award damages. The idea of Reasonable Doubt and Burdens of Proof in NC for criminal charges do NOT apply to Gran Jury proceedings. The Grand Jury, however, has no such duties and the bill of indictment meaning is far different. The key element in all cases was that the JURY decided guilt (in criminal cases) or a financial recovery for civil cases, like in "Philadelphia," or "A Civil Action." Most people who hear the word, "jury," think of "Runaway Jury," "The Verdict," "Primal Fear," "Suspect," or "12 Angry Men” and one of the most read books in American Literature, “To Kill a Mockingbird.” For Grand Jury Proceedings, What Does "Jury" Mean? "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia when in actual service in time of War or public danger"…. It’s also a legal right in North Carolina criminal court. ![]() ![]() The right to be indicted for felonies is embodied as part of the 5th Amendment of the Constitution of the United States. The indictment procedure came to America by way of English common law, and it relates to allegations of a crime or criminal charges of a serious nature. What Does Indictment Mean in North Carolina?Īn indictment is a legal term (derived from the medieval 13th-century French word "enditer") relating to a true bill being issued, based on evidence presented by witnesses, before the District Attorney can prosecute a felony criminal charges. ![]()
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