Q: Can the prosecutor and defense attorneys agree on stipulation unbeknownst to the defendant?
My friend was indited on federal crimes because his attorney and the prosecutors agreed on a stipulation that "using the internet" constitutes inter-state commerce without telling him. The court also did not inform him of this. Therefore the court did not have to prove federal jurisdiction and the federal system took over. Isn't this a violation of due process?
A: It is doubtful that he was indicted pursuant to a stipulation. Normally an indictment is made with a grand jury, prior to any involvement by any attorney for the defendant. And in any event, it seems undisputable that Internet usage, provided that the computers involved are in separate states, is interstate commerce. But your friend can ask that the stipulation be set aside, if it would do any good.
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