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What is a superceded by indictment

Chicago, IL |

My son was arrested and went to court had a bench trail and placed on probation but the rap sheet merely states superceded by indictment what does this mean and how do we get a copy of the complete rap sheet which shows the judges decision.

Attorney Answers 3

Posted

It means a grand jury approved the charges instead of a preliminary hearing where a judge finds or does not find probable cause for the charges.

The clerk's office should be able to provide you with a certified disposition of the case. It usually costs around $9.00, that will show the final outcome of the case.

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Posted

This likely means when he was initially arrested as a result of a criminal complaint or charged by information. There are two ways to initiate criminal proceedings in Illinois: (1) charging the defendant by information, which requires a preliminary hearing in the circuit court, or by indictment, which requires presenting evidence to a grand jury. To avoid presenting evidence at a preliminary hearing, the prosecutor instead went to a grand jury to formally charge your son.

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Posted

The prosecution in Illinois has two ways of bringing the charges, as excellently explained prior: on information leading to a criminal arrest or by a superseding indictment approved by a Grand Jury.
Usually, it has been my experienced that when the prosecutors elect to proceed by a superseding indictment that removes any possibility of learning more about the case as after that procedure defendant is not given a Preliminary Hearing and thus, could not, even in theory, prevail on tossing the charges out if the presiding judge finds no probable cause during that hearing.
The rap sheet, in vernacular, referring to one's criminal history should be a part of the prosecutor's case in chief given to the defense pursuant to the disclosure rules of evidence.

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