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4 Cards in this Set
- Front
- Back
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195.10 waiver in general A defendant can waive indictment and consent to be prosecuted by SCI in what three cases? |
1 they are being held by local criminal court for the actions of the grand jury, and 2 not charged with a class a felony punishable by death or life imprisonment 3 district attorney consents to the waiver |
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The waiver must be a written instrument which contains what? |
The name of the Court, title of the actions, names of the offenses with their times and dates, Etc It must also contain a statement by the defendant that he is aware of his rights and the rules of the waiver
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The waiver must be signed by the defendant where? and in the presence of who? and with the consent of who? |
In open court in the presence of his attorney with the consent of the DA |
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When the waiver is executed in the Superior Court the SCI must be filed at the same time as the waiver. This differs from the waiver being filed in the local Criminal Court. When the waiver is executed in the local Criminal Court how long does district attorney have to file the SCI in Superior Court? |
10 days, or the defendant must be released on his own recognizance unless good causes shown why he should not be released. |
