by admin | May 8, 2021 | Criminal Procedure, Federal
(a) IN GENERAL. An arraignment must be conducted in open court and must consist of: (1) ensuring that the defendant has a copy of the indictment or information;(2) reading the indictment or information to the defendant or stating to the defendant the substance of the...
by admin | May 8, 2021 | Criminal Procedure, Federal
(a) ISSUANCE. The court must issue a warrant-or at the government’s request, a summons-for each defendant named in an indictment or named in an information if one or more affidavits accompanying the information establish probable cause to believe that an offense...
by admin | May 8, 2021 | Criminal Procedure, Federal
(a) JOINDER OF OFFENSES. The indictment or information may charge a defendant in separate counts with 2 or more offenses if the offenses charged-whether felonies or misdemeanors or both-are of the same or similar character, or are based on the same act or transaction,...
by admin | May 8, 2021 | Criminal Procedure, Federal
(a) WHEN USED.(1)Felony. An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable:(A) by death; or(B) by imprisonment for more than one year.(2)Misdemeanor. An offense punishable by imprisonment for one year or less may be...
by admin | May 8, 2021 | Criminal Procedure, Federal
(a) SUMMONING A GRAND JURY.(1)In General. When the public interest so requires, the court must order that one or more grand juries be summoned. A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet...
by admin | May 8, 2021 | Criminal Procedure, Federal
(a) IN GENERAL. If a defendant is charged with an offense other than a petty offense, a magistrate judge must conduct a preliminary hearing unless: (1) the defendant waives the hearing;(2) the defendant is indicted;(3) the government files an information under Rule...
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