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View Diary: Wife Beater Killed in Act - Stepson Charged with Murder - Tx Deadly Force Law Laughs @ DV! (144 comments)

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  •  Yeah, he's white, so better. I get it. But. . . (3+ / 0-)
    Recommended by:
    TDDVandy, LilithGardener, nomandates

    Are you an attorney? You're the 2nd person to mention "indicted".

    Can you give insight as to the difference between being "charged" with something and arrested for it and being "indicted"?

    I guess you're indicted when the Grand Jury says you are?

    Not trying to be a smartass, just trying to get clarification.

    And, since he's been charged, IF he's not "indicted", will the "charge" stay on his permanent record? That could totally screw him once he finally becomes an adult.

    "The measure of a man's real character is what he would do if he knew he would never be found out." Thomas Babington Macaulay

    by Deja on Fri Mar 07, 2014 at 08:38:04 PM PST

    [ Parent ]

    •  Yes, I am an attorney. (11+ / 0-)

      Licensed in the state of Texas, in fact, and practicing criminal defense.  These are two quite different things.

      An indictment is a formal charge for a criminal offense, issued by a grand jury (basically, a group of regular joes) who hear the evidence presented by the district attorney and decide whether or not probable cause exists for the person to be tried for a crime.

      In most cases, an indictment follows an arrest, though in some cases it can be the other way around.  Although technically the standard (probable cause) is the same for an arrest, getting an arrest warrant only requires a magistrate to sign off on the warrant (and some magistrates are, shall we say, known to rubber-stamp warrants that the police ask for.)

      All of this, of course, is designed for the protection of the accused; the police not only have to convince a magistrate that there's probable cause, but the DA also has to convince a group of citizens that there's probable cause.  Assuming the facts here are true, I would be very, very surprised if a grand jury were to indict the kid... and I wouldn't be terribly surprised if the DA up there doesn't even bother to present the case to a grand jury (which DAs sometimes do if they know the grand jury won't return an indictment.)

      29, white male, TX-07 (current), TN-09 (born), TN-08 (where parents live now)

      by TDDVandy on Fri Mar 07, 2014 at 09:09:36 PM PST

      [ Parent ]

      •  Makes me feel a little better TDDVandy (3+ / 0-)

        Let me get this straight.

        1. The cops make the call as to whether or not to charge a suspect.

        2. The DA decides, based on what cops charged suspect with, as to whether or not to indict.

        3. The Grand Jury decides, based on what DA indicts suspect with, as to whether or not to . . . what?

        Pursue the indictment in court?

        "The measure of a man's real character is what he would do if he knew he would never be found out." Thomas Babington Macaulay

        by Deja on Fri Mar 07, 2014 at 09:46:22 PM PST

        [ Parent ]

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