Right before trial it was called to our attention (by way of a motion)that our indictment has a mistake. It states the wrong term of court. I believe we can amend this. The defense attorney argues that the presiding juror who signed our indictment was not on the Grand Jury for the term that is set out in the indictment and that can not be amended. We do not want to put our trial off because our victim is a child and she needs this finalized as soon as possible. Any thoughts?

The mistake does not change the validity of the indictment. The prosecutor has the ability to amend it by asking the judge to simply write on the indictment with the correction.

Since the amendment does not alter the charged offense, the defendant can't complain or ask for additional time. This is the beauty of the amendment to the law, getting rid of "fundamental" indictment defects.

Also, since the defendant waited until the last second to complain, it is possible he has waived his right to complain. That depends on whether the judge set a pretrial hearing for such issues.

Thanks, John. It is always comforting to have my thoughts confirmed.