Presentments, Indictments, and Informations

Question 1

A presentment is…

Answer 1

a written accusation of crime, prepared and returned by a regular grand jury from their own knowledge or observation.

Question 2

An indictment is…

Answer 2

a written accusation of a crime, prepared by the attorney for the Commonwealth and returned a “true bill” upon the oath or affirmation of a legally impaneled regular grand jury.

Question 3

Information is a…

Answer 3

written accusation of crime, or complaint for forfeiture of property or money, or for imposition of a penalty, prepared and presented by a competent public official upon their oath of office.

Question 4

By statute, a person may not be tried for a felony unless…

Answer 4

an indictment or presentment has first been found or made by the proper grand jury, unless the accused waives this right.

Question 5

The right to indictment or presentment is waived if not raised…

Answer 5

before trial.

Question 6

A defendant has a statutory right to a preliminary hearing to determine whether are grounds to believe they committed the offense if:

Answer 6

1. The defendant is charged with a felony;
2. An indictment is not returned prior to the hearing.

Question 7

If probable cause has not already been determined, the defendant must be given a preliminary hearing to determine probable cause within…

Answer 7

a reasonable time.

[48 hours is presumptively reasonable].

Question 8

Unlike at common law, indictments in Virginia can be very general but should include:

Answer 8

1. The name of the accused;
2. A description of the offense charged and a cite for the law defining the offense; and
3. Identification of the place and time of the offense.

Question 9

If there is a defect in any indictment, presentment, or information, the court may permit amendment of such document at any time before…

Answer 9

the jury returns a verdict or the court finds the accused guilty or not guilty, if the amendment does not change the nature or character of the offense charged.