Federal plea and indictment?
My question is can they re-write the count on a plea, even though it doesn’t have it written on the indictment???
For example.
(indictment)Conspiracy to distribute 10 kilos or less of a mixture or substance contaning a detectable amount of Marijuana.
(Plea) Conspiracy to distribute 10 kilos or smaller quantity of a mixture or substance contaning a detectable amount of Marijuana. AND offence did occur on or within 1000ft of a university zone.
Can The plea be changed or added upon after the sealed inditment has been released? Is near some sort of code one must follow or may they just add on?
They can put in anything they want. Until a verbal plea is accepted by the Judge, it doesn't have any cargo.
well the plea is a negotiation between you and the DA, so whatever you agree to in the describe of justice is fair, the judge can adopt it or not.
if you don't like it, and believe me, the judge will ask you 6 way til Sunday if you are comfortable next to it, then opt for a trial and take your chances.
Rule 7(e) of the Federal rules of criminal procedure allow an amendment to be made if the charging document is an information; however, if an indictment is involved, it must go up to that time a grand jury.
This doctrine was established in the rash case of Ex Parte Bain 121 US 1 (1887). The more recent case of US v. Miller 471 US 130 (1985) allows for a US attorney to delete "surplusage" from an indictment without resubmission to a august jury. Surplusage is material irrelevant not essential to a valid indictment.
In your example, your second charge is very different from your first. The extra stuff requires discovery and an offer of proof that the pique occured within 1000ft of a school zone. It would have to be in motion before a federal grand jury. Such is the Constitutional protection under the 5th Amendment.
There are no DAs surrounded by Federal Court. They are US Attorneys or Assistant US Attorneys..
