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49 votes
Accepted

No evidence is required for an indictment by a grand jury?

An indictment is issued by a grand jury when they are convinced, on the basis of evidence presented to them by the government, that there is probable cause to believe that the person committed a crime....
Nate Eldredge's user avatar
34 votes

Why would Donald Trump be arrested?

An accused would be arrested for the purposes of arraignment ("even a scheduled arrest is still an arrest"). That does not entail that the accused would be held in custody pending or during ...
Jen's user avatar
  • 59.5k
23 votes
Accepted

What is the meaning of "Individual-1"?

Identifying someone as a criminal without charging them and thereby giving them an opportunity to clear their names has due process implications, largely because of the associated reputational damage. ...
bdb484's user avatar
  • 60.7k
21 votes
Accepted

Unpacking "If they have a question for the lawyers, they've got to go outside and the grand jurors can ask questions." from former US Fed. prosecutor

The witness can go outside and ask questions of the witness’ lawyers So if, for example, Mr Trump chooses to testify to the grand jury he goes in alone - no lawyers. If he wants to consult his lawyers ...
Dale M's user avatar
  • 213k
19 votes

Why would Donald Trump be arrested?

New York Criminal Procedure Law, section 210.10, Requirement of and methods of securing defendant's appearance for arraignment upon indictment, subsection 3 (emphasis added): If the defendant has not ...
phoog's user avatar
  • 37.9k
16 votes

No evidence is required for an indictment by a grand jury?

Beyond Nate Eldredge's excellent answer, I just want to focus on one portion of your question: "to deny commission of a crime is a "lie" apparently if the agent thinks you committed the crime." The ...
Zach Lipton's user avatar
13 votes
Accepted

Why is theft triable either way?

See section 17 of the Magistrates' Courts Act 1980: The offences listed in Schedule 1 to this Act shall be triable either way. Schedule 1 of that Act, para. 28 lists: All indictable offences under ...
Jen's user avatar
  • 59.5k
9 votes

Legal basis for arresting a person not actively committing a crime?

Warrants You say: "Formerly if a person was NOT apprehended in the commission of a felony, but was merely a suspect, then the authorities had to INDICT the suspect to prove sufficient evidence.&...
Dale M's user avatar
  • 213k
8 votes
Accepted

How many indictments before imprisonment?

How many indictments does it take for Donald Trump to be imprisoned? An unlimited amount. Imprisonment is usually authorized as a result of a conviction rather than from an indictment. Pretrial ...
ohwilleke's user avatar
  • 221k
7 votes
Accepted

AG's and indictments

Yes. The U.S. AG can decline to prosecute an indictment at any time until jeopardy attaches when a jury is sworn in to consider the charges at trial. The AG can also abandon a prosecution mid-trial ...
ohwilleke's user avatar
  • 221k
5 votes
Accepted

Under what legislation has former U.S. President Trump been indicted for "conspiracy to defraud the US"?

Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud United States) Here the indictment's introduction alleges that Trump perpetrated: A conspiracy to to defraud the United States by using dishonesty, ...
Lag's user avatar
  • 17.3k
5 votes

If the grand jury refuses to indict, can the prosecutor try again?

The General Rule Even if the charge is presented to a grand jury and it declines to indict, exactly the same charge that one grand jury declined to indict upon can be presented to a future grand jury ...
ohwilleke's user avatar
  • 221k
4 votes

Legal basis for arresting a person not actively committing a crime?

A Brief History Of The Law Of Arrests The question greatly oversimplifies and misstates the history of the law authorizing arrests in common law countries. There have always been arrests of people not ...
ohwilleke's user avatar
  • 221k
3 votes

Potential indictment of Assange and jurisdiction

The part where I am confused is how such a law could actually be valid against foreign nationals It is valid against them because it explicitly applies to them. In fact, it applies only to them: The ...
phoog's user avatar
  • 37.9k
3 votes

Indictment of a sitting vice-president

Vice President Aaron Burr was indicted in his last year as Vice President in both New Jersey and New York. The crime was killing Alexander Hamilton in an (illegal) duel. His solution? Simply don't ...
zibadawa timmy's user avatar
3 votes

How (and how come) are US state/federal prosecutors allowed to seal indictments?

The purpose of the grand jury system is to ensure that innocent people don't have their names dragged through the mud by the mere fact of being accused of a crime. The US founding fathers were ...
Justin Cave's user avatar
  • 3,067
3 votes

How (and how come) are US state/federal prosecutors allowed to seal indictments?

An indictment is not the deprivation of liberty. An indictment is actually part of the due process of law that is guaranteed in the Constitution. Deprivation of liberty means incarceration. The ...
Tiger Guy's user avatar
  • 7,139
3 votes

When did indictments stop saying people were "moved and seduced by the instigation of the Devil"?

It appears that: This language was seen as a bit ridiculous and unnecessary even at the time, and more so as the 19th century progressed. The main objection is that the language is redundant or ...
alexg's user avatar
  • 7,000
2 votes

is Trump writing to-do lists to assistants on classified cards legally classified as illegal disclosure/distribution/dissemination of classified info?

Is this already mentioned in the indictment against former President Trump? No. It primarily covers 31 national defense documents that were present at Mar-a-lago in Florida. Activities in the White ...
ohwilleke's user avatar
  • 221k
2 votes
Accepted

In a criminal RICO trial, on a particular count, what elements can be shared among the co-defendants?

No, or at least, not necessarily. It will depend on what the successful defence for Donald was and whether it can also be demonstrated for Mark. To take an extreme example, if Donald can prove that ...
Dale M's user avatar
  • 213k
2 votes

How many indictments before imprisonment?

Indictments are just accusations. Until convicted, Trump is innocent. Jailing people between indictment and trial is considered a necessary evil, not a good thing. It's done to either protect the ...
bharring's user avatar
  • 121
2 votes

How many indictments before imprisonment?

You could have 100 indictments. You have to wait until one of the cases is finished with a "guilty" verdict. The possibility may not have occured to anyone. Obviously yes if indictments end ...
gnasher729's user avatar
  • 34.3k
2 votes

How (and how come) are US state/federal prosecutors allowed to seal indictments?

Grand jury proceedings and statements are sealed in their initial state, for example you can't go listen in on the hearing. At some point a legal document may be produced, and filed with the court: ...
user6726's user avatar
  • 215k
2 votes
Accepted

Indictment and prosecution in different U.S. districts

Rule 20 Federal Rule of Criminal Procedure 20 allows criminal cases to transfer from one district to another for the "limited purposes of acceptance of guilty or nolo contendere pleas and ...
A.fm.'s user avatar
  • 2,840
2 votes

Indictment of a sitting vice-president

The President not being the subject of an indictment is a Department of Justice rule. It is meant to prevent people from charging the president with crimes in order to stop him from doing his duty. ...
Putvi's user avatar
  • 4,000

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