Charlotte North Carolina Notice of Return of Bill of Indictment

State:
North Carolina
City:
Charlotte
Control #:
NC-CR-215
Format:
PDF
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Description

Notice of Return of Bill of Indictment: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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FAQ

In a grand jury, the prosecution presents its case without a rebuttal from the defense. Jury members then vote whether to indict or decline to indict. If the grand jury returns a bill of indictment, you face a second arraignment where you will formally enter your plea. The judge may also reconsider bail at this point.

There is no statute of limitations for felonies in North Carolina, but prosecutions for misdemeanors generally must be charged within two years after the commission of the offense.

A felony charge can be pending for as long as the statute of limitations runs on the case. For example, if the felony has a statute of limitation of 5 years, that is the length of the pending charges. The minimum statute of limitations for felonies is three years.

Examples of indictment in a Sentence The grand jury has handed down indictments against several mobsters. No one was surprised by her indictment. She intended the film to be an indictment of the media.

(a) Any indictment is a written accusation by a grand jury, filed with a superior court, charging a person with the commission of one or more criminal offenses.

In Georgia, the court has 2 years to file an accusation in a misdemeanor case and 4 years to indict a felony but once accused or indicted, the statute of limitations does not apply. Constitutional speedy demand is based on case law and the 6th amendment.

It can easily take over two years from arrest to trial on felony cases and over six months on misdemeanor cases. North Carolina had a Speedy Trial statute requiring trial within 120 days but repealed it in 1989 after the District Attorneys complained that they were unable to comply with the statute.

Specifically, after obtaining an indictment, prosecutors obtain an arrest warrant. The arrest warrant names the person prosecutors want to arrest and specifies a place and time for the arrest. It also lists the crimes alleged against the target of the arrest warrant.

Indictment Returned -- If the grand jury decides the evidence presented establishes probable cause, it issues an Indictment against the accused. At least 16 of the 23 members of the grand jury must be present to conduct business, and at least 12 jurors must vote to indict. The Indictment is called a True Bill.

Statute of Limitations: Felonies and Misdemeanors In North Carolina, felony crimes have no statutes of limitations?meaning a felony criminal case can be filed at any time. Most misdemeanor cases must be charged by the prosecutor within two years of the crime. Exceptions to the two-year limit are noted below.

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Charlotte North Carolina Notice of Return of Bill of Indictment