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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4391
Experience:  Almost 12 years of legal experience, primarily in criminal law
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Is a indictment valid when it has no discription of the offense

Customer Question

Is a indictment valid when it has no discription of the offense that you are charged for?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.
<p>Hello.</p><p> </p><p>Yes, it is valid. An indictment needs only provide notice of what the charge is, it doesn't have to describe the charge. The indictment, in noting what the charge is, refers to the statute the indictment is based on, so by getting notice of the charge, one can look up the statute for further description of the charges. And the factual basis for the indictment is not included in the indictment itself, either; it is what is presented to the grand jury but is not attached to the indictment.</p>
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Customer: replied 8 years ago.
Well this charge was dismissed and signed off by a judge and the District Attorney and two months later the indictment appeared and the same charge that was dismissed for was now in the indictment. Can they do that?
Expert:  Hammer O'Justice replied 8 years ago.
Yes, if it was dismissed without prejudice, it can be refiled any time up until the statute of limitations runs.

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