Free Waiver of Indictment - District Court of Delaware - Delaware


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Date: May 8, 2008
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State: Delaware
Category: District Court of Delaware
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D J Case 1 :(E§crg)O1 L;-Jé(I§[/if/,?ot:‘[L1)rf1lJ(eD)t 32)*/b‘F 5/07/2(;I?/iéc Pap e bc? 2
Pit THE UNITED STATES DISTRICT{ C(&lRT 1 www
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
vs. i Criminal Action No. 07-1 1 1-JJF
KWAN MILLER, a/k/a i
KENNETH MILLER )
Defendant. i
WAIVER OF INDICTMENT
1. Kwan Miller, the above named defendant, who is accused of violating Title 21, United
States Code, Section 844(a), and being advised ofthe nature ofthe charges 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 violating Title 21, United States Code, Section 844, unless the Grand Jury found probable cause
to believe he committed the offense 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 J urors
must find probable cause to believe that the defendant committed the 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 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 charges in the Information, and
is satisfied that his counsel has properly explained the charges and this Waiver to him.

Case 1 :07-cr-001 1 1-JJF Document 32 Filed 05/07/2008 Page 2 of 2
‘ ‘ Q
4. No one has made the defendant any promises or threatened or forced the defendant to waive
Indictment.
Kwan Miller, Defendant
Keii Bradford, Esquire é
Counsel for Defendant
Dated: May 7, 2008
2