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The information or indictment must be filed within 30 days from the date of arrest or service of the summons. [2] Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. [3]
This is also known as a "ready rule". [5] The federal law detailing this right in federal actions is the Speedy Trial Act of 1974. In 1979 the Act was amended to ensure that the defendant had time to provide a suitable defense. This amendment made it so trial could not start within less than 30 days after the defendant first appeared in the ...
Short title: Microsoft Word - Mangione Indictment - FINAL as filed; Author: kaplanz: Software used: PScript5.dll Version 5.2.2: File change date and time
In some cases, the production of documents must be made at a time prior to that required by the Jencks Act. [21] [22] [23] The Brady rule may require the prosecutor to disclose grand jury testimony prior to trial, if the information is exculpatory, as well as other Brady material. [24] In United States v.
Because it may take months, or even years, for criminal cases to come to trial or even indictment in some jurisdictions, an innocent defendant who is offered a plea bargain that includes a sentence of less time than they would otherwise spend in jail awaiting an indictment or a trial may choose to accept the plea arrangement and plead guilty. [13]
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An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
Where an indictment is obtained through means other than an information document, such as through grand jury proceedings or after an arrest when the defendant is first brought to court, the arraignment may be referred to as an "initial hearing", [9] or "preliminary arraignment", [10] which is different from a preliminary hearing. Those other ...