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2006-08-21 19:41:57 · 4 answers · asked by flyinghigh 1 in Politics & Government Law & Ethics

4 answers

A new indictment that replaces an older one.

2006-08-21 20:07:40 · answer #1 · answered by lcmcpa 7 · 0 0

A "superseding indictment" occurs in different ways. The simplest explanation is a result of be a charge (criminal complaint) is filed. This can be done by the state, law enforcement, or upon a written statement by the "victim". If the complaint (charge) starts out in a lower court (Municipal or Justice Court) it is a misdemeanor charge.

When the evidence,testimony. and other factors make it appear the crime should be considered a felony. often the prosecutor
will send the charge up to a higher court, resulting in a Felony Charge.

A 'superseding indictment" occurs when the defendant has already had his "initial appearance" after his arrest or summons. It is in lieu of the charging documents previously file.

2006-08-24 08:13:45 · answer #2 · answered by NoJail4You 4 · 0 0

The indictment is the determination to proceed with criminal charges.

A superseding indictment replaces (supersedes) a previous one, for example to add a new count, or to increase the degree or severity of one of the crimes being charged.

Double jeopardy doesn't attach until the jury has been sworn in, so the indictment phase is when the state has a chance to fix any procedural problems with its case.

2006-08-22 02:45:41 · answer #3 · answered by coragryph 7 · 1 1

I don't know legalisms, but semantically it must mean "a condition of having been formally charged with a crime, a crime that takes precedence over other crimes less severe (or prosecutable)."

2006-08-22 02:50:07 · answer #4 · answered by voltaire 3 · 1 0

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