Indictments

Question Details: If a person gets indicted over to superior court, and the indictment papers do not have a grand jury foremen signature, or its not indicating whether it is a true bill or not, is that cause for the charges to be dropped?

Asked 10/24/2009 under Criminal Defense | 241 View(s) | More Legal Topics

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Damon Chetson / The Chetson Firm, PLLC Answered 2 years ago | Contributor with 0 answers This attorney is licensed in North Carolina

No.  A defect in the indictment may be remedied any time before trial. So long as the indictment has no substantive defects, it is valid.  In addition, if you fail to raise an objection to the defect prior to trial, it's likely that you will have waived any defect in the indictment, so long as the defect did not prejudice the defense at trial.

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