Criminal Law Questions? Ask a Criminal Lawyer.
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I wish to answer your question but need to know in what state is the Grand Jury located?
Hello. It appears that your prior expert has opted out so I will pick this up and answer this for you. Once a person has been indicted by a grand jury an arrest warrant is typically issued with the indictment if requested by the DA. Then the arrest warrant can be exercised as early as the next business day or the DA can wait for a few days if he/she chooses to do -- there is some discretion on the part of the DA's office but grand jury indictments do not generally go more than a week between the indictment and the arrest so that the defendant's rights to a speedy trial are not compromised.
I hope that helps.
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So is it safe for us to assume that since it has almost been three weeks since the hearing, that no actions will be taken?
Hello. No its not safe for you to assume that (sorry). I did say above "they do not generally go beyond a week" -- but it is still up to the DA and they may be trying to get more evidence or firm up their evidence prior to the arrest -- because the evidence standard for a grand jury indictment is less stringent than a criminal trial. The DA would not have taken this to a grand jury if he/she were not interested in charging the person with a crime. My suggestion is that you have your lawyer try to make a discreet inquiry to the DA in charge of the case to see what is going on -- because if it does start stretching out to several months, then your attorney can start pressing the DA on what they are going to do because of the right to a speedy trial.
The defendent the person who might be indited for this accident? At this time nobody has been arrested or cited for the accident, and like I mentioned earlier it's been a year. We also have not obtained an attorney because there still hasn't been determined cause or fault of the accident. Does this change your response? Or does a person that they are trying to build a case against, not need to be cited or arrested at the time of the accident?
A person who is being investigated does not have to be charged. THe speedy trial laws only start when the person is charged for the crime. The police and DA can bring charges at any point before the statute of limitations runs out on that particular crime.
It depends upon what the charges are for the accident. Would it be a charge of vehicular homicide?
Oregon statutes 131.125, .145 and .155 -- there is no statute of limitations on manslaughter (which is vehicular homicide) so they can charge a person at any time for that infraction. All other felonies have a statute of limitations of 3 years (other felonies in this situation would be reckless driving and any of the other driving offenses that you could probably be charged with in a situation where a death resulted).
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