Does a pleading guilty to a charge of sexual assault waive a defendant's right to indictment by a grand jury?

MultiRegion, United States of America

The following excerpt is from U.S. v. Van Tran and Som, 2000 WL 1701651, 234 F.3d 798 (2nd Cir. 1999):

First, pleading guilty does not waive a defendant's right to indictment by a grand jury. See United States v. Meacham, 626 F.2d 503, 509-10 (5th Cir. 1980). "Waiver of an indictment is an act clothed in formality. . . . [T]he waiver must be made in open court, defendants must be informed of the nature of and the cause for the accusation, and the court must be satisfied that the defendants waive their rights knowingly, intelligently and voluntarily." United States v. Ferguson, 758 F.2d 843, 850-51 (2d Cir. 1985). Here, the record does not show that Som knowingly, intelligently and voluntarily waived his right to be tried and convicted only upon charges presented by a grand jury.

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