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Legalease, Lawyer
Category: Criminal Law
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Experience:  13 years experience in criminal law, BA in criminal justice
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If a Grand Jury has decided that a person should be indited

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If a Grand Jury has decided that a person should be indited for a crime, in this case a car accident, how long does it usually take before an arrest is made?

Thank you for your time.

Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.


I wish to answer your question but need to know in what state is the Grand Jury located?

Customer: replied 5 years ago.

Lane County

Eugene, Oregon

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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Edited by Mary M Esquire on 2/1/2011 at 7:45 PM EST
Customer: replied 5 years ago.

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.



Customer: replied 5 years ago.
The accident was on January 16, 2010. The Grand Jury Hearing took place on January 13, 2011. Do you think that since the accident was over a year ago that it is now past the time limits for a fair and speedy trial?
Hello. Generally, the courts go out about 2 years on the "speedy" trial rule (if the trial happens by the second anniversary than that is considered "speedy") -- but, again, this all depends upon what caused the delays -- if the defendants ask for discovery or take up a bunch of time with motions that must be researched and the 2 year milestone passes, the court will not entertain a speedy trial argument because the defendant caused it themselves.
Customer: replied 5 years ago.

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.



Customer: replied 5 years ago.
What are the statue of limitations of a two car motor vehicle accident that involved a fatality in the other car?

It depends upon what the charges are for the accident. Would it be a charge of vehicular homicide?




Customer: replied 5 years ago.
We do not know anything.....we heard word that there was even a Grand Jury Hearing via word through the grapevine. We were not even informed that there was going to be a Grand Jury Hearing. There were no drugs or alcohol involved and we are assuming that they are trying to make a case against us based on reckless driving but like I said we don't know.

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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Customer: replied 5 years ago.
I appreciate all the help that you have given me this afternoon but I was under the impression that this service was free for one month after I paid my inital $30 donation when I first signed up?

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Edited by Mary M Esquire on 2/2/2011 at 12:17 AM EST
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 16215
Experience: 13 years experience in criminal law, BA in criminal justice
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