Indictment Flashcards
What is an indictment? Discuss two was in which an indictment and an information differ. Explain fully.
An indictment is the charging document issued by a Grand Jury for felony offenses. it establishes probable cause and lays out the charge. An information is the charging document for misdemeanors. It is supported by an affidavit establishing probable cause and is issued by a District Attorney.
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY hereby charges that, on December 11, 2011, BUBBA PLATT did then and there intentionally and knowingly by videotape or other electronic means record, broadcast, and transmit a visual image of another, the Complainant, Edgar West, at a location that is a bathroom.
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Matthew b. Brady, FOREPERSON OF THE GRAND JURY
Identify three defects in this indictment. Explain fully.
1) the indictment is not dated;
2) there is no indication of the county where the crime was committed;
3) thee is no indication of the Court to which the indictment was presented;
4) There is no indication that this act was against the consent of West.
Arnie is indicted for the third-degree felony of impersonating a public servant. You believe that the indictment does not charge that Arnie committed an offense against the law. What procedural step, if any, can you take to bring this apparent defect to the Court’s attention? If there is such a procedural step, when should you take it?
I can move to quash the indictment pretrial based upon the the defect. Both substantive and procedural defects in the indictment must be objected to before trial, otherwise they are waived.
Can a defendant waive the right to be charged by indictment with a felony? if a defendant can waive that right, what is the procedural step by which a defendant may do so.
Yes, a defendant may waive the right be charged by indictment for a non-capital felony if she is represented by counsel and does so voluntarily in open court or files a waiver in writing. Wilma would be charged by an information instead of an indictment.
Does the Texas Code of Criminal Procedure permit two or more offenses to be charged in one indictment? Explain you answer.
Yes. the Code allows for an indictment to charge more than one offense if each offense is stated as a separate count and only if all offenses charged in the indictment arise out of the same criminal episode.
The Grand Jury returns an indictment of Reggie, charging him with the second degree felony of theft for stealing the ATM in one count and additionally charging him with the state jail felony of burglary for burglarizing Munchies in a second count.
Is it legal for one indictment to charge Reggie with two offenses of theft of an ATM and burglary of Munchies. Explain you answer.
Yes. the Code allows for an indictment to charge more than one offense if each offense is stated as a separate count and only if all offenses charged in the indictment arise out of the same criminal episode.
