“A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.“
Lots of people who have never done criminal law maybe can’t understand what is called barebones pleading. It’s how a charging document such as an indictment is done.
The prosecutor only provides the basic minimum that is required to say the Defendant committed a stated crime. Often no facts other than dates and allegations tracking the statute said to have been violated are provided. Barr actually filed what’s called a speaking indictment which provides a little more information.
The reason prosecutor give such a barebones fact pattern is, one… to give as little information as possible until required to do so, and more importantly two… to allow for as much flexibility as possible. A bare bones indictment gives the prosecutor more wiggle room is new evidence comes to light changing how he plans to go about proving the case and making it easier to file a superseding indictment if new more serious crimes come to light while the case is pending.
Having a very vague indictment gives flexibility.
If, for example, Bragg had listed what crime Trump was trying to commit in filing the fraudulent documents, he would be limited to that crime, even if another easier to prove crime later came to light.
A vague indictment meeting the pleading requirements is good lawyering.
Falsifying business records in the first degree is a class E felony.“
Lots of people who have never done criminal law maybe can’t understand what is called barebones pleading. It’s how a charging document such as an indictment is done.
The prosecutor only provides the basic minimum that is required to say the Defendant committed a stated crime. Often no facts other than dates and allegations tracking the statute said to have been violated are provided. Barr actually filed what’s called a speaking indictment which provides a little more information.
The reason prosecutor give such a barebones fact pattern is, one… to give as little information as possible until required to do so, and more importantly two… to allow for as much flexibility as possible. A bare bones indictment gives the prosecutor more wiggle room is new evidence comes to light changing how he plans to go about proving the case and making it easier to file a superseding indictment if new more serious crimes come to light while the case is pending.
Having a very vague indictment gives flexibility.
If, for example, Bragg had listed what crime Trump was trying to commit in filing the fraudulent documents, he would be limited to that crime, even if another easier to prove crime later came to light.
A vague indictment meeting the pleading requirements is good lawyering.
