Not so long ago, particularly in complex, long-investigated, criminal cases, the defendant was indicted and arraigned. Discovery and pre-trial motions were ordered. If the indictment wasn’t dismissed or didn’t result in a guilty plea or agreed-upon Superseding Information resulting in a guilty plea, it went to trial.
From Day 1, though, with minor exceptions, when arraigned, the defendant and his attorney knew the precise charge he would face at trial. No bait and switch. When the prosecutor announced “ready for trial,” he was indeed ready, although he might count on standard delays to prepare for trial—discovery, motion practice, the defense adjournment requests, or the judge’s schedule. Putting aside possible added codefendants (generally a legitimate basis for a superseding indictment), the defendant’s attorney wasn’t concerned that the trial landscape might change. No concern that the indictment might be only a “working draft” of the prosecutor’s charging plan.
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