This is an official form from the United States District Court District of New Mexico, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New Mexico statutes and law.
New Mexico Waiver of Indictment
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FAQ
The purpose of an indictment is to inform an accused individual of the charge against him or her so that the person will be able to prepare a defense.
An indictment is a formal accusation against an individual suspected of committing a crime that begins the legal process in criminal law. Indictments are generally only obtained for felony charges. An indictment is used as an alternative to a complaint in a trial court.
(b) Waiving Indictment. An offense punishable by imprisonment for more than one year may be prosecuted by information if the defendantin open court and after being advised of the nature of the charge and of the defendant's rightswaives prosecution by indictment.
The accused has no right to be present or testify to the grand jury and there isn't any cross-examination. If the Grand Jury finds that probable cause exists, they issue an indictment and the case proceeds toward trial. But if they do not find probable cause, then no indictment is issued and the charges are dismissed.
Criminal defendants usually have the option to waive the preliminary hearing, but it happens very rarely and no defendant should do this without the advice of an attorney. If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence.
Being charged with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant. Regardless of how the state moves forth with filing charges, the results are the same for the defendant: an arrest and formal charges.
If the grand jury decides not to indict, it returns a "no bill." However, even if a grand jury doesn't indict, the prosecutor can return to the same grand jury and present additional evidence, get a new grand jury, or even file criminal charges regardless.
A charge is brought against someone by a prosecutor. But in an indictment, a grand jury brings the charges against the defendant. All indictments are charges, but not all charges are indictments.
The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime. A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.