Indictment and Superior Court Information Exclusive Methods of Prosecution

The only methods of prosecuting an offense in a superior court are by an indictment filed by a grand jury, or else by a superior court information filed by a district attorney.

Requirement of and Methods of Securing Defendant’s Appearance for Arraignment Upon Indictment

After an indictment’s been filed with a superior court, the defendant has to be arraigned. They must appear personally at this arraignment, and their appearance can be secured as follows if the defendant was held previously by a local criminal court for the action of the grand jury, and if they’re confined in the custody of the sheriff, the superior court has to direct the sheriff to produce the defendant for arraignment on a specified date, and then the sheriff must comply with this direction. The court has to give at least two days notice of the time and place of the arraignment to an attorney, or if no notice of appearance has been filed, to an attorney who filed a notice of appearance on behalf of the defendant with the local criminal court. If a felony complaint against the defendant was pending in a criminal court, or else if the defendant was previously held by a criminal court for action of the grand jury, and if the defendant’s at liberty on his or her own recognizance or on bail relating to a previous court order issued in the same criminal action, the superior court on at least two days notice to the defendant has to direct the defendant to appear before the superior court for arraignment on a specified date. If the defendant fails to appear on said date, the court can issue a bench warrant and, in addition, can forfeit the bail, if any.

On taking the defendant into custody in reltion to this bench warrant, the executing police officer must bring the defendant before the superior court for arraignment without delay. If the superior court isn’t available, the executing police officer can bring the defendant to the local correctional facility of the county where the superior court sits, to be detained there until no later than the commencement of the next session of the court, all occurring on the next business day. If the defendant hasn’t previously been held by a criminal court for action of the grand jury and the filing of the indictment constitutes the commencement of criminal action, the superior court has to order the indictment to be filed as a sealed instrument until the defendant’s produced or appears for arraignment, and must issue a superior court warrant of arrest. On the request of the DA, in lieu of a superior court arrest warrant, the court can issue a summons if it’s satisfied the defendant will respond to it. On the request of the DA, in lieu of an arrest warrant or summons, the court can instead authorize the DA to direct the defendant to appear for arraignment on a designated date if it’s satisfied the defendant will appear. A superior court arrest warrant is executable anywhere in the state. Said warrant can be addressed to any police officer whose geographical employment area embraces either the place where the crime charged was allegedly committed, or the location of the court where the warrant is issued. It has to be executed in the same way as an ordinary arrest warrant, and following the arrest the executing police officer must without delay perform all of the recording, fingerprinting, photographing, and any other preliminary police duties that are required in the particular case, and bring the defendant before the superior court. If the superior court isn’t available, the executing police officer can bring the defendant to the local correctional facility of the county in which the superior court sits, to be detained there until no later than the commencement of the next session of the court occurring on the next business day.

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