Free Waiver of Indictment - District Court of Delaware - Delaware

Case 1:07-cr—00097-SLR Document 17 Filed 11/05/2007 Page 1 of 1
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UNITED STATES DISTRICT COURT QOL/i(;·
FOR THE DISTRICT OF DELAWARE qmf [( 0 ”]
UNITED STATES OF AMERICA, )
Plaintiff, i
v. ) Criminal Action No. 07-97-SLR
PAUL JOSEPH BENOIT, i
Defendant. i
WAIVER OF INDICTMENT
I. I, Paul Joseph Benoit , the above named defendant, who is accused of violating IS USC
§ 2252Aga)( 5 IIB) {knowingly possessed computer images of child pomographyl , being advised ofthe
nature ofthe charge 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 cause to believe he committed the offenses 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 iind 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 charge 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. /
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t@'VeI r Defendant
Date: // -/ Fa M 9