Free Waiver of Indictment - District Court of Delaware - Delaware


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Date: October 4, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cr-00108-GIVIS Document 14 Filed 10/O4/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OE AMERICA, )
Plaintiff, i
v. J Criminal Action No. O7- [O Q -— é/4 S
ALFONSO TREJO-PONCE, J
Defendant. g
WAIVER OF INDICTMENT
l. Alfonso Trejo—Ponce, the above named defendant, who is accused of violating Title
8, United States Code, Section l326(a) & (b)(2), being advised ofthe nature ofthe charge 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 8, United States Code, Section l326(a) & (b)(2), unless the Grand
Jury found probable cause to believe he committed this offense and retumed 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 offense 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 charge in the Information,
and is satisfied that his counsel has properly explained the charge and this Waiver to him.

I Case 1:07-cr-00108-GIVIS Document 14 Filed 10/O4/2007 Page 2 of 2
4. No one has made the defendant any promises or threatened or forced the defendant to
waive Indictment.
Alfonso Trejo-Ponce, Defendant
@15 A. Ortiz, Esqug
Counsel for Defendant
Dated: October 4, 2007
F I L E D
OCT — 4 EUG?
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