Pre-charge or pre-indictment plea agreements take place before there is a grand jury indictment or formal charge. For example, a defendant may recognize that the prosecution has solid evidence and may seek a pre-charge plea bargain to receive a lesser sentence.
What is a pre-indictment lineup?
A lineup is a relatively formalized procedure wherein a suspect, who is generally already in custody, is placed among a group of other persons whose general appearance resembles the suspect. Illinois, which held that Wade-Gilbert did not created a right of counsel for pre-indictment lineups and United States v.
Is a lineup a critical stage?
Wade, 417 which, with Gilbert v. California, 418 held that lineups are a critical stage and that in-court identification of defendants based on out-of-court lineups or show-ups without the presence of defendant’s counsel is inadmissible.
What is the Kirby rule?
Rule: A person’s Sixth and Fourteenth Amendment right to counsel attaches only at or after the time that adversary judicial proceedings have been initiated against him. This is not to say that a defendant in a criminal case has a constitutional right to counsel only at the trial itself.
What is the difference between being indicted and being charged?
Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means a grand jury has filed charges against you.
Is an indictment a charge?
“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.
