New York Waiver of an Indictment is a legal process by which a defendant may waive their right to a formal indictment and allow a grand jury to charge them with a felony directly. This waiver is commonly used when an accused individual agrees to plead guilty or no contest to the charges at hand in the state of New York. There are two types of New York Waiver of an Indictment: a deferred prosecution agreement (DPA) and a plea agreement. A DPA allows the accused to avoid a conviction and obtain a dismissal of their charges after a period of time if the accused meets certain conditions. A plea agreement, on the other hand, allows the accused to plead guilty or no contest to the charges and receive a reduced sentence. Both of these waivers require approval from a judge in order to be legally binding.
New York Waiver of an Indictment
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Preliminary Hearing If the Judge decides that there is enough evidence, the prosecutor has 45 more days to take the case to the grand jury. If the prosecutor does not present evidence that you committed any crime, the court must release you from custody.
Like in most other states, there is no time limit to bring charges for crimes such as murder or crimes punishable by life in prison. But lesser felonies have five years statute of limitations, while most misdemeanors (but not all) are two years.
After arraignment upon an indictment, the superior court may, upon motion of the defendant, dismiss such indictment or any count thereof upon the ground that: (a) Such indictment or count is defective, within the meaning of section 210.25; or (b) The evidence before the grand jury was not legally sufficient to
The Prosecutor has six months to indict a Defendant for a felony charge. if the Grand Jury indicts the defendant, then the felony case is on the trial track. Time lines and procedural guidelines must be followed by the court.
The Judge will decide if there is enough evidence that you committed a crime to continue the case against you. If the Judge decides that there is enough evidence, the prosecutor has 45 more days to take the case to the grand jury.
The difference between being indicted and charged relies on who files the charges. ?Being charged? with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant.
After the indictment, the defendant is arraigned in the New York City Criminal Court. At this time, with the assistance of a defense attorney, the defendant may enter a plea of guilty or not guilty to the charges against him/her.
Most felony offenses have a five year statute of limitations period. Misdemeanor offenses have a two year statute of limitation period, while petty offenses generally have a one year statute of limitations.