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  #1  
Old 08-07-2012, 09:40 PM
at4101 at4101 is offline
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Default Indictment?

Hello,

I think I posted this in the wrong place before, so I thought I would try here.

First, I have no idea how the whole process works in a case like this but a friend of mine has been charged with some serious charges: murder and aggravated assault. Him and his co-defendants were first denied bail a few months ago, and from what I've heard, they were to have a 2nd bail hearing this month. Instead they had an indictment where they were formally charged.

My question is, what exactly does this mean? I know it means they were formally charged with the crimes but does this mean they cannot get bail now? Also, since they were indicted, does this mean that their chances are now much lower of an acquittal?

When my friend wrote to me he was very positive that his charges were going to be dropped. Apparently (or supposedly) it was a case of mutual combat where the person they were fighting ended up dying. But in his defense he says he was not involved--just there---and the guy that passed away had actually been hit by a car later that same night---so he is basically saying who knows what the cause of death is? However, why would he be indicted if his charges were going to drop?

None of it makes sense to me. I want the truth for him to come out, whatever it may be, and I'd also like to know what he is up against.

Thanks everyone in advance.

Last edited by at4101; 08-07-2012 at 09:45 PM..
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Old 08-08-2012, 03:19 PM
fbopnomore fbopnomore is offline
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The indictment means the charges were not dropped, but that doesn't mean that couldn't happen later on.

The formal prosecution process has started with the indictment. He will now have a hearing in front of a judge or magistrate and will be given the choice to either hire a private attorney, or have one appointed by the judge. That lawyer will be the best source of information for your friend to find about what will happen, and when.

Most jurisdictions have no bail for murder charges, so it is likely he will remain locked up until the case is resolved. Information will be minimal at the beginning, but he will find out more details about the prosecution's case, and their evidence, as the discovery process proceeds, so try to be patient.
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Old 08-08-2012, 07:51 PM
at4101 at4101 is offline
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Quote:
Originally Posted by fbopnomore View Post
The indictment means the charges were not dropped, but that doesn't mean that couldn't happen later on.

The formal prosecution process has started with the indictment. He will now have a hearing in front of a judge or magistrate and will be given the choice to either hire a private attorney, or have one appointed by the judge. That lawyer will be the best source of information for your friend to find about what will happen, and when.

Most jurisdictions have no bail for murder charges, so it is likely he will remain locked up until the case is resolved. Information will be minimal at the beginning, but he will find out more details about the prosecution's case, and their evidence, as the discovery process proceeds, so try to be patient.
Thanks for the reply. He actually already has an attorney. He has been in jail for a few months now, and they already had one (or what I thought was) an indictment, so that's where I was confused. Thanks again--I've heard that bond is almost non-existent for murder cases, but I haven't the heart to tell him. I just hope his attorney is being honest with him about everything because he seemed so positive that he was getting out.
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Old 08-08-2012, 09:02 PM
KamisSister KamisSister is offline
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Sometimes they mess up on the first indictment or decide to go for harsher charges and reindict I think.
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Old 08-11-2012, 06:53 PM
at4101 at4101 is offline
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Sometimes they mess up on the first indictment or decide to go for harsher charges and reindict I think.
Ah, that I didn't know. His charges stayed the same though. I do know that this was a grand jury indictment as opposed to the first one though.
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