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Home / Opinion Digests / Criminal Practice / Criminal Practice – Subject Matter Jurisdiction – Simultaneous Presentment & Indictment – DWI (access required)

Criminal Practice – Subject Matter Jurisdiction – Simultaneous Presentment & Indictment – DWI (access required)

By issuing a presentment, a grand jury instructs the district attorney to investigate a matter. G.S. § 15A-641 precludes a grand jury from issuing a presentment and indictment on the same charges absent an investigation by the prosecutor following the presentment and prior to the indictment. In this case, the grand jury simultaneously issued both ...

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