The State, as the protector of all the people, makes the charge against someone accused of committing a crime because a crime is considered an act against society. Only the State, through the office of the District Attorney in each county, can charge individuals with criminal violations. The prosecuting attorney presents the charge against the accused person defendant on behalf of the State plaintiff , and must prove to the judge or jury that the defendant is guilty beyond a reasonable doubt. California statutes generally classify a crime as either a felony or a misdemeanor. A felony is a criminal offense punishable by imprisonment in a state prison or by death.
A misdemeanor is a lesser offense than a felony and generally is punishable by fine or imprisonment in county jail rather than in a state penitentiary. If you are the victim of a crime, there are resources available to you. You have to go to court on your scheduled court date in almost all cases. If you do not go to the scheduled court appearance on time, the judge may issue a bench warrant for your arrest. It is very important that you check the court or legal papers you have to find out the day and time you must appear in court. You can find this information on one of the following documents: Citation, Cash bail receipt, Notice of hearing, Signed Promise to appear, or Notice to appear If you have any questions about your court date, please contact the Criminal Division in person at the Courthouse or call the Court at during the hours of a.
When you get to the courthouse; check the calendar on the wall for your name and the department where your case will be heard. If you posted a bail bond for a specific date to appear or have appeared in Court and are ordered to return you cannot change the date. If you were appointed or have hired an attorney you should contact them for assistance. If the date set is for an Arraignment and a complaint has been filed with the court you may contact The Criminal Division and the clerk may be able to advance your Arraignment date but cannot postpone your hearing date.
To contact The Criminal Division call during a. If you want to change the date you are scheduled to go to Court, you must contact your attorney. If you do not have an attorney, it is very important to appear on the scheduled court date or a warrant may be issued for your arrest. If you did not go to court on the day and time your hearing was scheduled, and you did not get the hearing changed to another day, you need to contact your attorney. If you do not have an attorney contact the Criminal Division call during a.
Read the Felony Complaint Against Jacob Wohl
If you do not hire your own lawyer, you can ask the court to appoint one. To do this, you must go to your first court appearance and ask the judge. The court will then appoint a court appointed attorney to represent you. In addition to bringing a valid identification document driver's license, passport, or other picture identification , you should bring other documents such as: Notice of Hearing Bond receipts, cash bail receipts, etc.
Jail release paperwork. He or she then presents evidence and witnesses to prove the charge. A grand jury can return a true bill, no true bill or a third option, "pretermitting entirely the matter investigated". This requires nine of the twelve grand jurors to determine there is not enough evidence presented to determine if a person should or should not be charged with a crime. If a defendant is incarcerated, unless there are other charges, a prosecutor declares nolle prosequi, resubmits an indictment with new evidence, or brings charges of a lesser crime then, providing there is no gross oversight, the defendant is released.
The theory is that if a prosecutor cannot obtain a true bill, presenting the prosecutorial evidence with no defensive rebuttal, then a conviction is not likely. A National Criminal Justice Reference Service NCJRS document identifies three steps that could be taken to remove the adversarial role of the grand jury and make them more independent; 1 giving the target of the grand jury investigation the opportunity to testify; 2 making a grand jury subpoena returnable only when the grand jury is sitting and identifying the general subject area of the investigation; and 3 recording all grand jury proceedings except the jurors' deliberations , making them accessible for pretrial discovery.
Hennepin County, Minnesota which contains Minneapolis keeps a grand jury impaneled at all times. Each grand jury serves a term of four months, typically meets one day each week, and focuses almost exclusively on homicide cases. In the State of New York, while a person can initially be charged with a felony via a sworn written accusation alone a "felony complaint" ,  the state constitution provides a defendant with a right to have all felonies prosecuted by way of a grand jury indictment.
Both the prosecutor and the grand jury itself have the right to call witnesses to testify before the grand jury. The Commonwealth of Virginia requires that all felonies be presented to a grand jury either directly or, more often, after certification following a preliminary hearing in district court. Commonwealth's attorneys also have the option of obtaining a misdemeanor indictment from a grand jury.
The most persistent criticism of grand juries is that jurors are not a representative sampling of the community, and are not qualified for jury service, in that they do not possess a satisfactory ability to ask pertinent questions, or sufficient understanding of local government and the concept of due process. They are rarely read any instruction on the law, as this is not a requirement; their job is only to judge on what the prosecutor produced. The prosecutor drafts the charges and decides which witnesses to call.
What is an Indictment? - FindLaw
The prosecutor is not obliged to present evidence in favor of those being investigated. Individuals subject to grand jury proceedings do not have a Sixth Amendment constitutional right to counsel in the grand jury room,   nor do they have a Sixth Amendment right to confront and cross-examine witnesses.
Additionally, individuals in grand jury proceedings can be charged with holding the court in contempt punishable with incarceration for the remaining term of the grand jury if they refuse to appear before the jury. Calandra that "the exclusionary rule in search-and-seizure cases does not apply to grand jury proceedings because the principal objective of the rule is 'to deter future unlawful police conduct,' After a grand jury was commissioned to investigate whistleblowers organization WikiLeaks , grand juries have been accused of being used as an intimidation and persecution mechanism against whistleblowers who have been accused of leaking classified information.
According to the American Bar Association ABA , the grand jury has come under increasing criticism for being a mere "rubber stamp" for the prosecution without adequate procedural safeguards. Critics argue that the grand jury has largely lost its historic role as an independent bulwark protecting citizens from unfounded accusations by the government. Grand juries have such broad subpoena power that they can investigate alleged crimes very thoroughly and often assist the prosecutor in his or her job.
Grand juries sometimes compel witnesses to testify without the presence of their attorneys. Evidence uncovered during the grand jury investigation can be used by the prosecutor in a later trial. Grand jurors also often lack the ability and knowledge to judge sophisticated cases and complicated federal laws. This puts them at the mercy of very well trained and experienced federal prosecutors. Grand jurors often hear only the prosecutor's side of the case and are usually persuaded by them.
Grand juries almost always indict people on the prosecutor's recommendation.
Getting a Criminal Charge Dismissed
Campbell, a former federal district judge in Chicago, noted: "[T]oday, the grand jury is the total captive of the prosecutor who, if he is candid, will concede that he can indict anybody, at any time, for almost anything, before any grand jury. The grand jury system in the United States came under renewed criticism following three high-profile cases in , where police officers caused the deaths of Michael Brown , Eric Garner , and Tamir Rice.
In all three cases, after being presented the evidence, the grand juries voted not to return indictments.
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- white pages nassau county new york.
Public perception was that the officers involved had failed to follow proper police procedure. Due to the criticism against the federal grand jury system  there are some reform proposals which include the following proposals: . Besides the above stated reform proposals, the National Association of Criminal Defense Lawyers NACDL established The Commission to Reform the Federal Grand Jury , a bi-partisan, blue-ribbon panel that included current and former prosecutors, as well as academics and defense attorneys.
Occasionally, grand juries go aggressively beyond the control of the prosecuting attorney. When the grand jury does so the situation is called a "runaway" grand jury. Runaway grand juries sometimes happen in government corruption or organized crime cases if the grand jury comes to believe that the prosecutor himself has been improperly influenced.
Such cases were common in the 19th century but have become infrequent since the s. The Runaway Grand Jury in New York County was investigating gambling and mobster Dutch Schultz when jury members complained in open court that prosecutors were not pursuing obvious leads and hinted that the district attorney was possibly receiving payoffs.
- No Probable Cause to Arrest.
- Grand juries in the United States - Wikipedia.
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Thomas E. Dewey was appointed as an independent prosecutor. Scott Turow 's second novel The Burden of Proof deals extensively with the workings and shortcomings of the Federal Grand Jury system in a fictional county in Illinois. Turow is himself a practicing lawyer and acted as an Assistant U. Attorney in Chicago between and The episode shows the viewer the shortcomings of the grand jury system, specifically relating to the Fifth Amendment.
From Wikipedia, the free encyclopedia. Further information: Law of Louisiana. The Lifeboat Strategy. The Nestmann Group. Retrieved 1 December December 4, Forensic Psychology and Law. Hoboken, NJ: Wiley. Retrieved 2 December University of Dayton School of Law. Archived from the original on Retrieved American Bar Association.
Archived from the original on April 24, Miami Dade Office of the State Attorney. Richard H. Ward ed.
The grand jury: considered from an historical, political and legal standpoint, and the law and practice relating thereto. University of Michigan: G.
Retrieved 22 May The Indictment and the Information". The Grand Jury". Thomas Dillard; Stephen R. Accessed 17 Jun Leverage Funding System, Inc. Gardner , F.