Barry Bonds just got indicted today for his involvement in BALCO labs, but he wasn't arrested or taken to jail. What are the exact legal mechanisms behind the indictment and how it differs from a regular arrest warrant?
2007-11-15 14:08:06 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
An indictment is produced by a Grand Jury. The prosecution presents a case to a group of people (the grand jury). He or she may call witnesses, present reports or other types of evidence. The defendant has no part in this and is often not aware of the proceding. Once an indictment is handed down, depending on the state, the defendant may be arrested or served with the indictment and given a court date.
Not all states use this system. In KS, it is possible to have a grand jury, but it is not used very often. Here the prosecution files a complaint or information with the court. A warrant can be issued based on that. Most often, the defendant has already been arrested on probable cause and the complaint or information is filed after the arrest.
Here once the defendant is charged in the complaint or information, there is a preliminary hearing which takes the place of the grand jury. This is held before the judge. The defendant may participate in the hearing or waive his right to the hearing. If the court finds there is enough evidence to believe it is more likely than not that a felony has been committed, by the defendant and in the county he is held for trial.
At trial the burden is much higher (beyond a reasonable doubt). The defendant has the right to a jury trial and so on just like any other state.
Grand juries are more expensive and slow. Therefore we don't use them in most cases. I have never had a case that used an indictment.
Hope this helps.
2007-11-15 14:19:22 · answer #1 · answered by hensleyclaw 5 · 0⤊ 0⤋
Indictment Warrant
2016-11-04 02:20:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
1
2016-06-10 19:49:32 · answer #3 · answered by Dominick 3 · 0⤊ 0⤋
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An arrest warrant only gives the police the power to arrest you. A grand jury indictment is further along in the process and it gives the courts the power to try your case.
2016-04-05 00:08:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Different things completely.
An arrest warrant is an order from the court allowing someone to be arrested and taken into custody.
An indictment is a finding (In this case by a Grand Jury) that the government has enough evidence to justify them in proceeding to trial.
Richard
2007-11-15 14:10:59 · answer #5 · answered by rickinnocal 7 · 1⤊ 0⤋