According to the Code of Criminal Procedure, what must occur before a felony indictment can happen?

According to the Code of Criminal Procedure, what must occur before a felony indictment can happen?

• A. A preliminary hearing
• B. A defense attorney must be present
• C. A grand jury must determine the evidence is sufficient
• D. A trial date must be set

Answer: (C)

Before a felony indictment can occur, it is essential for a grand jury to review the evidence and determine that it is sufficient to support the charges. This step is critical in the legal process as it acts as a safeguard to ensure that individuals are not subject to prosecution without adequate cause. The grand jury evaluates the evidence presented by the prosecution; if they find enough basis to believe that a crime has been committed and that the accused is likely guilty, they will issue an indictment, formally charging the individual with a felony. The importance of this step lies in the grand jury's role in protecting citizens from unwarranted legal action, serving as a check on prosecutorial discretion. This process is mandated by law and is a fundamental part of ensuring due process within the criminal justice system.

Before a felony indictment can occur, it is essential for a grand jury to review the evidence and determine that it is sufficient to support the charges. This step is critical in the legal process as it acts as a safeguard to ensure that individuals are not subject to prosecution without adequate cause. The grand jury evaluates the evidence presented by the prosecution; if they find enough basis to believe that a crime has been committed and that the accused is likely guilty, they will issue an indictment, formally charging the individual with a felony.

The importance of this step lies in the grand jury's role in protecting citizens from unwarranted legal action, serving as a check on prosecutorial discretion. This process is mandated by law and is a fundamental part of ensuring due process within the criminal justice system.