Why would someone be charged with a direct indictment? Is it better or worse than regular indictment?

Asked almost 4 years ago - Charleston, SC

A friend is charged with safecracking and burglary 2nd degree and possession of master keys. He got a direct indictment for SafeCracking & possession of master keys.
i understand that direct indictment means that you go straight to trial with the grand jury- could this be because they feel like he was wrongfully convicted of these crimes and he is young and don't want to draw out this criminal process for him? or because they are taking this very seriously and want to lock him up? i'm trying to figure out why they chose for him to be directly indicted and if its a good or bad thing. typically, what does it mean? and how will his trial differ from other general sessions federal cases?

Attorney answers (1)

  1. William Stephen Harris

    Contributor Level 8

    Answered . A direct indictment usually comes after a charge has either been dismissed at preliminary hearing, or if the solicitor feels that there is enough evidence to indict a new charge based on the evidence. It typically is not a good thing. It means that the solicitor feels that they have a charge that the cops did not feel was proper at the time. The positive is that your lawyer can argue at trial that the police did not see fit to bring the charge originally and that is what they are trained to do. Either way, you need a lawyer on this case.

    Stephen Harris
    www.stephenharrislaw.com

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