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209. Waiver Of An Indictment

Unless the offense is one which "may be punished by death" within the meaning of Fed. R. Crim. P. 7(a), the defendant may waive the right to be indicted by a grand jury for any felony. Fed. R. Crim. P. 7(b). Fed. R. Crim. P. Rule 7(b) provides:

Offense which may be punished by imprisonment for a term exceeding one year or at hard labor may be prosecuted by information if the defendant, after having been advised of the nature of the charge and of the rights of the defendant, waives in open court prosecution by indictment.

[cited in Criminal Resource Manual 205; Criminal Resource Manual 206]

Updated January 22, 2020