Legal Question in Criminal Law in New York
I live in New York. I need to know what waive my right to an indictment means? How long after this would a trail normal begin? Would I still be intitled to a jury trail?
2 Answers from Attorneys
If you waive your right to be prosecuted by an indictment it allows the court to file a superior court information. Thi is a document which charges you with a felony usually used for plea bargain purposes. If you are waiving your right it usually means your case is not proceeding toward a trial. "Waiving your case to the Grand Jury" however, may be an initial step towards trial. Feel free to call if you have further questions.
The Constitution requires that all felony charges are brought by indictment. You can waive any constitutional right including this one. It has no bearing on whether a trial is conducted or not.
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