If you're charged with a serious crime such as sexual assault, aggravated assault, the crown is going to
elect by indictment.
Not exact matches
Early on Wednesday the NYPost reported that «Queens Assemblyman William Scarborough was hit Wednesday morning with a 23 - count
indictment charging him with using campaign funds for personal expenses, authorities said.Scarborough, a Democrat first
elected in 1994 to represent the 29th Assembly District in southeast Queens, was arrested following a joint probe
by the offices of state Attorney General Eric Schneiderman and state Comptroller Tom DiNapoli.»
By then,
electeds are facing a criminal
indictment and prison.
A 13 - count federal
indictment alleges that Mangano, the highest - ranking
elected official in Nassau County, and Venditto used their positions to help the federally indicted Singh, who was identified
by sources, to procure lucrative county contracts and loans guaranteed
by the town of Oyster Bay.
The Court also rejected the trial Judge's finding that the law was sound because the mandatory minimum sentence only applied where the Crown
elected to proceed
by indictment and that the «reasonable exercise of Crown discretion would result in summary proceedings».
However, there is a category of hybrid offences where, even when the Crown
elects to proceed
by indictment, the accused will have no choice as to mode of trial, but must be tried
by a Provincial Court judge.
If the Crown
elects to proceed
by Indictment then the accused can choose (or
elect) to have his trial heard
by a Judge or
by both a Judge and Jury in Supreme Court.
Assault is a hybrid offence, meaning that the prosecutor can
elect to proceed summarily or
by indictment.
If charged with a section 271 sexual assault, the Crown will
elect how they wish to proceed; either summarily or
by indictment.
The Crown
elected to proceed
by indictment.
Since 2005, if the Crown
elects to proceed
by indictment, the maximum sentence is five years incarceration, increased from the previous maximum of two years.
The district judges shall be
elected by the qualified electors of their respective districts, and shall hold office for the term of 6 years (excepting those
elected at said first election) from and including the first Monday of January, next succeeding their election and qualification; provided, that the First Judicial District shall be entitled to, and shall have three district judges, who shall possess co-extensive and concurrent jurisdiction, and who shall be
elected at the same times, in the same manner, and shall hold office for the like terms as herein prescribed, in relation to the judges in other judicial districts, any one of said judges may preside on the empanneling [empaneling] of grand juries and the presentment and trial on
indictments, under such rules and regulations as may be prescribed
by law.