Submitted by Wilmington Atty (not verified) on Wed, 07/28/2010 - 12:27pm.
To 'Citizen With Questions', the case could have continued to trial if they had used what is called a Bill of Information, which is like a new warrant or indictment and would have corrected whatever wording was wrong, but would not have had to go through the Grand Jury process. Bills of Information are used in superior courts all the time to allow defendants to plead to charges that are slightly different than what they were originally charged with, so it's a common practice. However, a Defendant must agree before a Bill of Information can be used, and apparently this Defendant chose to exercise his right to have his charges go to a Grand Jury instead of just correcting the wording and going ahead with the trial by using the Bill of Information. The article didn't specifically mention that this is what happened in court, but I don't know of any other way, legally speaking, that the case could have gone forward this week other than by using the Bill of Information.
Answer for You
To 'Citizen With Questions', the case could have continued to trial if they had used what is called a Bill of Information, which is like a new warrant or indictment and would have corrected whatever wording was wrong, but would not have had to go through the Grand Jury process. Bills of Information are used in superior courts all the time to allow defendants to plead to charges that are slightly different than what they were originally charged with, so it's a common practice. However, a Defendant must agree before a Bill of Information can be used, and apparently this Defendant chose to exercise his right to have his charges go to a Grand Jury instead of just correcting the wording and going ahead with the trial by using the Bill of Information. The article didn't specifically mention that this is what happened in court, but I don't know of any other way, legally speaking, that the case could have gone forward this week other than by using the Bill of Information.