Originally Posted by Aldolphus Mueller
True Bill or No True Bill is only applicable in grand jury proceedings.
Not when the presentments are a Bill of Information
, such as here. In this case it would lock the prosecution into a charge that the facts don't bear out.
At most they might have won a trial based on the class A misdemeanor, Menacing
, and the facts will not support the felony charge in a fair forum.
If you are 'over-charged' by the state you can elect to be tried on that charge alone, or a judge may throw the charge out (on Motion to Dismiss) because the elements reported by police will not support conviction under the statute charged.
The prosecution/sheriff intentionally over charged them, to get a no-bond hold. Now he should be forced to prove his lie.