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What Happens if the Indictment Contains the Wrong Information?

What Happens if the Indictment Contains the Wrong Information?

Q: Can an indictment be amended after it has been issued?

Yes, an indictment can be amended if the defendant consents, provided it does not change the offense or violate their rights. The court may also allow amendments without consent before double jeopardy attaches, which is when the defendant has been tried for the same offense.

Q: What is the 90-day rule for criminal charges?

The 90-day rule generally states that if a defendant is not charged with a crime within 90 days of their arrest, the charges may be dismissed. This rule varies by state, so it's important to consult local laws for specifics.

Q: What should I do if my indictment has errors?

If your indictment has errors, consult a local criminal attorney. They can advise you on the best course of action, which may include seeking an amendment or a new indictment with the correct information.

Q: What is double jeopardy?

Double jeopardy is a legal principle that prohibits a person from being tried twice for the same offense after a verdict has been reached. This protection is part of the Fifth Amendment of the U.S. Constitution.

Full question:

1st arrest on charges from his daughter. He was indicted by the GJ. 2nd arrest on another party (not his daughter). GJ indicted him, however, on 2nd indictment, the complainant is his daughter and the descriptive paragraph at the bottom of the indictment is from the party from the 2nd arrest (who was not his daughter). The GJ indicted him with this wrong information ON the indictment form which was signed off by the DA. Even the date that the alleged offense occurred is the wrong date. With all of these errors on the actual indictment sheet, how can this proceed? Will the 2nd indictment be thrown out due to all of these errors? If so, what happens to the 2nd case/warrant arrest? Doesn't that have to be answered unless the 90 day rule (wherein if an inmate isn't charged with a crime in 90 days, they have to drop the case..?) applies here?? This is confusing-please let me know if you need additional information. Thank you.

Category: Criminal
Date: 04/07/2025
State: Texas

Answer:

An indictment alleging information in error may be amended. An indictment, presentment or information may be amended in all cases with the consent of the defendant. If no additional or different offense is thereby charged and no substantial rights of the defendant are thereby prejudiced, the court may permit an amendment without the defendant’s consent before double jeopardy attaches.

If the government discovers that the indictment alleged the wrong date of the offenses, it is possible another may be obtained from another grand jury a second indictment with the correct date. I suggest you contact a local criminal attorney who can review all the facts and documents involved.

Please see the following link for further discussion:

http://www.examiner.com/x-16813-Legal-News-Examiner~y2009m8d28-Double-jeopardy-precludes-new-indictment-against-James-LeRay-McIntosh-according-to-11th-Circuit

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if an indictment is dismissed?

If an indictment is dismissed, the charges against the defendant are dropped, and they cannot be prosecuted for those specific charges unless a new indictment is issued. The prosecution may choose to refile charges if new evidence arises or if they can correct the errors in the original indictment.