Legal Question in Criminal Law in Arizona
what dose SUPERVENING INDICTMENT mean when i filed for Restoration Of Civil Rights
1 Answer from Attorneys
There are two ways that a felony prosecution may proceed. The first method is by the prosecuting attorney who files a complaint or information alleging the commission of a felony. The case would then proceed to a preliminary hearing to determine whether there is probable cause to continue with the prosecution.
The second method is for the prosecutor to present evidence to a grand jury who then decides whether probable cause exists to continue with a prosecution.
When the prosecutor files a complaint or information and then proceeds to a grand jury, that indictment presented by the grand jury is called a supervening indictment because it supervenes the complaint of information.
As to the application to restore civil rights the supervening indictment was the method used to proceed with the prosecution which eventually led to the conviction that suspended your civil rights.
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