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Legalease
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14509
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

Resolved Question:

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.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 3 years ago.

Hello,
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 3 years ago.

Lane County

Eugene, Oregon

Expert:  Legalease replied 3 years ago.

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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GOOD LUCK

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Please press the GREEN ACCEPT BUTTON so I will be paid for my time. THANKS!



Edited by Mary M Esquire on 2/1/2011 at 7:45 PM EST
Customer: replied 3 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?

Expert:  Legalease replied 3 years ago.

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.

 

--Mary

Customer: replied 3 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?
Expert:  Legalease replied 3 years ago.
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 3 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?

Expert:  Legalease replied 3 years ago.

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 3 years ago.
What are the statue of limitations of a two car motor vehicle accident that involved a fatality in the other car?
Expert:  Legalease replied 3 years ago.

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

 

 

 

Customer: replied 3 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.
Expert:  Legalease replied 3 years ago.

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).

 

 

I would appreciate it if you would press ACCEPT at this time.

 

THANK YOU

Customer: replied 3 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?
Expert:  Legalease replied 3 years ago.

Yes, that is called a subscription plan -- but you still have to press accept so that I am credited for these answers and Just Answer pays ME for this answer. When you are on an unlimited plan, you can press ACCEPT as many times as you want to or need to and you should only be charged the one fee for that one month of service. If you are nervous about this, in the next box, please write "this answer is accepted but I am concerned that it will not be credited correctly if I press the accept button because I have signed up for one month unlimited service" --- then I can forward this to customer service and they will make sure that I am credited appropriately and paid by Just Answer and that your account will be appropriately charged the $30 you agreed to pay.

 

If you do not press accept or write the statement above so customer service can handle this, I will not get paid for my time assisting you -- I do not receive a paycheck from Just Answer and am paid by the question & answer session.

 

FYI -- the payment is not a "donation" and I do not do this for free or on a "pro bono" basis. Just Answer is a for-profit "pay for services" website.

 

--Mary



Edited by Mary M Esquire on 2/2/2011 at 12:17 AM EST
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14509
Experience: 13 years experience in criminal law, BA in criminal justice
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