Criminal proceedings in which the accused is formally summoned before a competent court, informed of the offence alleged in the complaint, denunciation, indictment or other indictment and invited to plead guilty, not guilty or otherwise authorized by law. Depending on the court, the charge may also be the procedure in which the court decides to fix the defendant`s bail or release him on his own initiative. The Federal Code of Criminal Procedure provides that federal courts must read the indictment or information to the accused during the indictment, or communicate the contents of the indictment to the accused and ask him to plead guilty. FR Crim P, Article 10. The accused must also receive a copy of the indictment or information before being invited to plead. Generally, federal regulations require defendants to be present at the charge. However, in the case of prosecution for offences punishable by a fine or imprisonment not exceeding one year, the court may, with the written consent of the accused, admit the prosecution in the absence of the accused. Under New Zealand law, they are read at the first appearance of the accused and asked to plead guilty. The available pleas are: guilty, not guilty and no plea. There is no way for the defendant to seek legal advice on the case to be raised at the second appearance. [3] Although the first appearance of the arrested person before a judge is sometimes referred to as an indictment, it is not a true indictment that occurs only after the accused has been both arrested and formally charged.
In all cases, except in extremely rare cases, the indictment also takes place before any suppression hearing and the trial itself. The interests at stake in an indictment are the right of the accused to know the charges against him and the right of the accused to obtain adequate information to prepare his defence. It is also in the State`s interest for the defendant to make a plea so that he can prepare accordingly. The use of video prosecution solves the problems associated with the transportation of the accused. Transportation of accused persons is time-consuming and places additional demands on public safety agencies to ensure the safety of the public, court staff and the incarcerated population. It also deals with the increase in the cost of transportation. The indictment is a court case in which the accused is read outside the charges of the indictment and asked to plead guilty. The indictment comes after the arrest of the accused and formal charges have been laid. Court rules in some states require that charges be brought only for felonies, but not for misdemeanors. Other states require charges for felonies, misdemeanors and misdemeanors punishable by imprisonment or a fine of more than a certain amount. In addition to requiring defendants to be summoned to court, informed of the alleged offense, and invited to plead guilty, several state jurisdictions also require defendants to be informed of certain constitutional rights at the time of indictment, including the right to a jury trial, the right to counsel, and the privilege not to incriminate oneself. If the law of a particular state makes the prosecution a critical stage of the prosecution, for example, if the rules of the court require the defendant to raise or waive all defenses against the offense charged at the time of indictment, then the defendant must have the right to counsel under the Sixth Amendment.
Hamilton v. Alabama, 368 USA 52, 82 p.ct. 157, 7 L.Ed.2d 114 (U.S.Ala. 1961). In federal courts, the indictment is conducted in two phases. The first charge is called the “first charge” and must be made within 48 hours of a person`s arrest, 72 hours if the person was arrested over the weekend and cannot be brought before a judge until Monday. [6] At this point, the respondent is informed of the pending charges and of his right to retain counsel. The presiding judge also decides on the amount of a deposit, if any.
During the second phase, a post-indictment (PIA), the accused is allowed to plead guilty. In California, charges must be laid without undue delay and, in any event, within 48 hours of arrest, excluding weekends and holidays. [8] [9] While the exact process and rules may vary from state to state and jurisdiction to jurisdiction, this article provides a general overview of what to expect at an indictment hearing. You don`t have to go to the charges, but you can go if you want. The court will not ask you to speak to the prosecution. The Deputy AD may ask you to speak later at another hearing. The AD assistant will send you a subpoena stating the date you will appear and testify about the abuse. At an indictment hearing, a judge will read the indictment against the accused (now called the “defendant”) and ask the accused if they understand the charge (whether or not they agree with them). The accused is asked if he or she has a lawyer.
If they do not, the court may appoint a lawyer for them. In all cases, the judge will inform the defendant of important procedural rights before proceeding. According to the U.S. Federal Rules of Criminal Procedure, “the prosecution … [consists] of a […] Read the indictment . to the accused . and ask him to invoke it. [They] will receive a copy of the indictment […] before being invited to plead. [5] In England and Wales, the police cannot legally detain anyone for more than 24 hours without charge, unless an officer of the rank of superintendent (or higher) authorizes detention for 12 hours of overtime (36 hours in total) or a judge (who will be a judge) authorizes pre-charge detention by the police for up to 96 hours.
However, in the case of terrorism-related offences, persons may be detained by the police for up to 28 days before the charge. [4] If they are not released after the indictment, they should be brought to justice as soon as possible. [4] In all provinces of Canada, except British Columbia, accused persons are charged on the day of their trial. In British Columbia, the prosecution takes place at one of the first appearances of the defendant or his lawyer. The accused is asked if he or she pleads guilty to all charges. Video editing is the act of conducting the prosecution process using some form of videoconferencing technology. The use of a video prosecution system allows the court to conduct the necessary prosecutions without having to transport the accused into the courtroom via an audio-visual link between the place where the accused is detained and the courtroom. Florida law requires detained suspects to be charged in person or via live video coverage within 24 hours of arrest.
In California, bail and release are discussed during trial, and defendants can be represented by their attorneys. The accused must appear in person for criminal offences. If the person who abused you is arrested and the prosecutor files a criminal complaint against them, the first thing that will happen in court is the charge. If you file the criminal complaint yourself, the charges will be laid after the “show cause” hearing. Many jurisdictions require defendants to be charged within seventy-two hours of arrest. As a result, defendants arrested over the weekend are usually charged on Monday, which can result in a crowded courtroom. To expedite the prosecution process on busy days, accused persons are often charged in groups, which is constitutionally permissible as long as each accused person identifies with the court and the court informs all accused present that the court`s submissions apply to each person individually.