• ✺roguetrick✺@lemmy.world
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    3 hours ago

    Yeah. Now sometimes they don’t want one because it’s embarrassing to get an indictment and then later get a judge to grant a motion to dismiss with failure to state offense (actions do not match the crime charged) or a motion for judgment of acquittal(the facts in no way present this being the crime even in the best possible light) and then yell at you. That’s part of why the Trump admin has regularly failed to get indictments(the other part is they’d have to directly lie about what happened in some of these cases to even convince a grand jury what happened meets the charge, which might break the seal on the Grand jury and actually get your ass sanctioned by the judge). They want their boss to think they’re doing something but they really don’t want to be shown to be incompetent in open court. But overall it’s much much easier to survive a grand jury than a judge’s probable cause hearing(because the judge will actually ask about exculpatory evidence that should be there), so if you’re going that route it should be a slam dunk.