When a criminal indictment is dismissed 'with prejudice,' the charges cannot be refiled against the defendant on the same grounds.
November 17, 2025
high
legal
Standard criminal procedure consequence of a dismissal with prejudice.
Under U.S. law, defendants can challenge the legitimacy of a prosecutor's appointment as a basis to seek dismissal of an indictment.
October 20, 2025
high
legal_procedure
Legal challenges to a prosecutor's appointment can be raised as part of motions to dismiss criminal charges.
If the sole prosecutor who signed an indictment was later found not to have been properly appointed, a court can dismiss the indictment on the grounds of improper appointment.
October 17, 2025
high
legal_principle
Appointment defects of the individual prosecutor who signed charging documents can be a basis for challenging indictments.
In U.S. federal criminal practice, an indictment typically marks the start of a protracted court process that can include pretrial motions, discovery, and a potential trial.
October 08, 2025
high
procedural
Describes the general role of an indictment within the U.S. federal criminal justice process.
Indictments in U.S. federal cases sometimes do not identify confidential associates or anonymous sources, which can complicate external assessment of the strength and specifics of the alleged evidence.
October 08, 2025
high
procedural
Explains how omissions in indictments about sources can affect public understanding of allegations.
A grand jury indictment can, in some U.S. jurisdictions, supersede previously filed charges and allow legal proceedings to proceed without a preliminary hearing.
October 06, 2025
high
legal
Explains a procedural effect of obtaining a grand jury indictment in certain U.S. jurisdictions.
A criminal conviction requires a higher standard of proof than an indictment.
high
legal_principle
Distinguishes the evidentiary thresholds between obtaining an indictment and securing a conviction in criminal law.
Defendants in U.S. federal criminal cases can file pretrial motions to dismiss indictments on grounds of prosecutorial vindictiveness.
high
legal_procedure
This describes a recognized defense and procedural motion available in federal criminal litigation.
A legal defense can assert that an indictment signed or secured by an official who was invalidly appointed as an interim U.S. Attorney may be void and subject to dismissal, including dismissal with prejudice, based on alleged constitutional or statutory appointment defects.
medium
legal_argument
Commonly raised defense argument challenging the validity of indictments on appointment-ground defects.
An Attorney General can retroactively ratify indictments or designate a 'special attorney' to address doubts about the validity of an interim U.S. attorney's appointment.
high
legal
Describes prosecutorial remedies used to cure or avoid questions about the validity of charging decisions tied to appointment issues.
Federal grand juries deliberate and vote on whether to return indictments, and prosecutors can edit an indictment to remove counts that the grand jury did not approve.
high
procedural
General description of how grand-jury voting can affect the contents of an indictment.
U.S. magistrate judges can preside over the return of federal indictments and may be presented with both an indictment document and a grand-jury report indicating the grand jury's failure to concur on certain counts.
high
procedural
Describes the role of a magistrate judge in receiving indictments and related grand-jury documentation.
A criminal prosecution initiated without a valid grand-jury indictment can raise constitutional concerns under the Fifth Amendment's grand jury clause.
high
legal
The Fifth Amendment contains a grand jury requirement for certain federal prosecutions, and lack of a valid indictment can implicate that protection.