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Moe Manser
Moe Manser, Paralegal
Category: Criminal Law
Satisfied Customers: 162
Experience:  President of U.S. Legal Research Corp., over 15 years of assisting lawyers nationwide. Federal/State
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I was arrested on October 17th of 2007 and my case has ...

Customer Question

I was arrested on October 17th of 2007 and my case has still not been presented for indictment. How long should this take?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Moe Manser replied 8 years ago.
DearCustomerbr />
The Fifth Amendment mandates that "[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." ( Therefore, a grand jury indictment is a necessary precursor to the prosecution of any federal or state felony. A grand jury reviews information related to an investigation until "it has identified an offense or has satisfied itself that none has occurred. A grand jury does not adjudicate guilt or innocence; instead, it determines whether probable cause exists to believe that a crime has been committed by the defendant. Acting as both a "shield" and a "sword," the grand jury protects the accused from unfounded criminal prosecutions and assists the government in investigating crimes.

Indictments must be presented prior to trial, unless there is a challenge and it is based on the indictment's failure to establish jurisdiction or to charge a crime.

Normally in felony cases, it must be presented to the defense 3 days before the start of the trial. The state can take upto One year to file the indictment, unless you file for a speedy trial, then they have six months.

Regards,
Moe


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