Free Waiver of Indictment - District Court of Delaware - Delaware


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Date: June 10, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 290 Words, 1,778 Characters
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Case 1:05-cr-OOOO1-JJF Document 30 ialiiled O6"/JI O/@(60*5* l1`of‘°1l*°/OY- £·”‘L
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE ` U I i` i` W “’'’ M `K
l 0 Eli l0? UU
UNITED STATES OF AMERICA :
v. : Cr. A. N0. 05-01
DAIMYON GIBBS :
WAIVER OF INDICTMENT
I, Daimyon Gibbs, the above named defendant, who is accused ofviolating Title 2 I _, United
States Code, Sections 84 l(a)(l) and 841 (b)(l)(A), being advised ofthe nature ofthe charges and of
his rights, hereby knowingly, voluntarily and intelligently waives prosecution by indictment and
consents that the proceeding may be by information instead of by indictment.
2. The defendant understands that (a) unless he waives indictment, he could not be charged
with these offenses unless the Grand Jury tbund probable cause to believe he committed the offenses
and retumed an Indictment; (b) the Grand July is composed of at least sixteen, but not more than
twenty-three lay persons, and at least twelve of those grand jurors must find probable cause to
believe that the defendant committed these offenses before an Indictment could be returned; and (c)
by waiving Indictment, the Government will be proceeding by a document written by the United
States Attorney and called an Information and the defendant will be prosecuted on that Information,
rather than on an Indictment.
3. The defendant has read and reviewed with his counsel the charges in the Information, and
is satisfied that his counsel has properly explained the charges and this waiver to him.
4. No one has made the defendant any promises or threatened or forced the defendant to
waive indictment.
Defendant (j am ‘rs'r
Date:_l O (YU NE Z4? OSS/F