Full Name: Jay Welberg. Phone Number: 2956979. Position in Agency: -.
Detailed information of your inquiry:
Question regarding the use of the indictment system. When are Law Enforcement required to go through an indictment when charging someone? I noticed that some cases go through the indictment process when the incident happened some time ago, however with others the individuals are charged by the agency without going through the process, I just wanted some clarification on this, thanks in advance.
San Andreas Judicial Branch Public Inquiry Notice "HERE FOR YOU | SAFE FOR YOU"
Mr. Wellburg,
First and foremost thank you for reaching out to the Judicial Branch with your inquiry. We sincerely appreciate your use of our public inquiries to answer any pressing questions you may have.
To give some history and understanding, if you look at the indictment system, the first indictments were used for criminals. To explain the point, indictments became a place for law enforcement and prosecution to work together on cases to file charges on suspected criminals within the city.
As the Judicial Branch evolved, there became no technical requirement for law enforcement to use the indictment system. However the Judicial Branch strongly encourages collaboration between departments. To that effect, we suggested Law Enforcement use the indictment system for those individuals free of felonies for a certain amount of days, which would mean that an individual with a clean record has the potential to keep their record clean (if found not guilty).
As a Judicial Branch, the office of the Attorney General maintains that policy internally. If prosecutors become aware of a crime, they must first gather the necessary evidence. Then, if the individual is free of felonies for a certain period, must follow our indictment procedures. As stated previously, this process is to ensure that individuals attempting to maintain a clean record are given that chance to see their time in court prior to having charges on their record.
I hope this successfully answers your question.
Respectfully, Superior Court Justice
Branch Administrator
San Andreas Judicial Branch
505-9925 — [email protected]
Thank you for your response, Miss Kant. I would like to suggest an adjustment: instead of basing the use of indictments on when an individual’s last felony occurred, it should depend on how long ago the incident happened. Under the current system, it can feel as though individuals are treated as guilty until proven innocent. Take the case of Melody Frey et al as an example, this case was handled through an indictment, which was appropriate given it took over six months to conclude, and the incident occurred four months prior to the indictment. If the defendants had been charged immediately and sent to DOC without the indictment process, they may have been found not guilty later due to the lack of evidence, and the indictment likely wouldn’t have even been issued in the first place. But what I am getting at is requiring indictments for cases where incidents occurred months prior would ensure a fairer process, where individuals are not judged solely on their past record but treated with the presumption of innocence, which is how it should be already.
