Free Waiver of Indictment - District Court of Delaware - Delaware

4 Case 1 :07-cr-00174-GIVIS Document 15 Filed 03/31 /2008 Page 1 of 2
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
v. g Criminal Action No. 07-174-GMS
GARY EARL, g
Defendant. g
WAIVER OF INDICTMENT
l. Gary Earl, the above named defendant, who is accused ofviolating 21 U.S.C. §
84l(a)(1) and (b)(l)(B) (possession with intent to distribute a controlled substance), being
advised of the nature of the 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 found probable clause to believe he committed
the offense and returned an indictment; (b) the Grand Jury 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 the 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.

Case 1 :07-cr—00174-GIVIS Document 15 Filed 03/31/2008 Page 2 of 2
4. No one has made the defendant any promises or threatened or forced the defendant to
waive indictment.
Gary Kei Bradford., Esq.
Defendant Counsel for Defendant
Date: °)l} $00 3/
F I L E D
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Case 1:07-cr-00174-GMS

Document 15

Filed 03/31/2008

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Case 1:07-cr-00174-GMS

Document 15

Filed 03/31/2008

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