What is the main purpose of the indictment?

What is the main purpose of the indictment?

The indictment contains the basic information that informs the person of the charges against them. For potential felony charges, a prosecutor will present the evidence to an impartial group of citizens called a grand jury.

What is the purpose of a pretrial hearing?

A pretrial hearing, sometimes called a pretrial conference, is a meeting of the defense, the prosecution, and the judge before a trial commences. If one party does not appear, the judge can impose sanctions. During this hearing, a range of documents may be presented, evidence can be presented and excluded, and more.

What does pre indictment mean in Texas?

Pre-Indictment The prosecutor asks a grand jury to investigate and determine whether or not a suspect should be charged with a crime. The suspect does not have to be told that he or she is being investigated by a grand jury. The suspect might be told and the suspect might be called before the grand jury to testify.

What happens after indictment in Texas?

After an indictment, a criminal trial will proceed. In this trial, the prosecution must prove the defendant committed the crime beyond a reasonable doubt to reach a sentence. The court may drop charges after an indictment if the criminal trial fails to prove the defendant committed the crime.

What is a pretrial hearing in Texas?

A pre-trial is a meeting with the state’s attorney and the defendant and/or his or her attorney to determine the following: Any motions that the defendant or defendant’s attorney wants to file. Motion of discovery (any facts and information about the case) Motion for continuance (to set another trial date)

What happens at pretrial in Texas?

What happens at a pretrial for a felony in Texas?

At a pretrial, we’ll make a demand for discovery from the prosecutors. The prosecutor must allow us to copy police reports, statements, such as those you may have made, and certain records of physical evidence. For example, if you are charged with DWI, we will get copies of the breath-test results.

What does pre indictment mean?

How long do you have to get indicted in Texas?

With the vast majority of federal crimes, the grand jury has five years to indict the accused. However, if the defendant is arrested and free on bond, the prosecutor has up to 180 days to secure an indictment.

What happens at pretrial Texas?

At a pretrial, we’ll make a demand for discovery from the prosecutors. Criminal law does not allow for an unfair surprise at trial in Texas, so the prosecutor must share with your defense attorney whatever evidence he has that supports the criminal charges against you.

What is a pre trial hearing in Texas?

PRE-TRIAL. Sec. 1. The court may set any criminal case for a pre-trial hearing before it is set for trial upon its merits, and direct the defendant and his attorney, if any of record, and the State’s attorney, to appear before the court at the time and place stated in the court’s order for a conference and hearing.

How does the Texas indictment process work?

The Texas indictment process can be complex. It can either start with an arrest and charges, or simply an indictment. Each case is different, so you’ll need guidance from an experienced federal criminal appeals lawyer in Houston. Contact Seth Kretzer if you’ve been indicted and sentenced in Texas.

What is the purpose of a probable cause hearing?

It takes place after you are charged, but before the formal indictment. The purpose of the hearing is for the Judge to determine whether there is sufficient evidence (probable cause) to justify your continued detention or bond while your case is presented to a grand jury.

What is the purpose of a preliminary hearing?

The purpose of the hearing is for the Judge to determine whether there is sufficient evidence (probable cause) to justify your continued detention or bond while your case is presented to a grand jury. The preliminary hearing is also known as a probable cause hearing.

author

Back to Top