Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
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Good Evening. Is you son being held pending his misdemeanor or felony trial?
as far as i know, both
What are the charges? and are they state or felony?
he was charged with 2 counts of child molestation and 1 count of statutory rape. I bonded him out. 9 months later he was charged with interfering with child custody and returned to jail. his lawyer suggested coming off the original bond so that any time he served would go towards the felony insted of the misdemeanor
That would make sense, but the sentence for these type of crime can be very lengthy prison term.
Was the bond/bail revoked in the felony case?
Do you know if your son ever waived an indictment by grand jury? and do you know with certainty that there had been no indictment in the felony case?
no. his lawyer just suggested I come off the original bond so any time he was in county jail would go towards the felony
Is there bond set in the misdemeanor case?
Are you able to post it?
Yes, but i have already come off the bond on the felony charges and i was told you can only post bond on a charge one time
Generally that is correct, but you can ask your son's attorney to file a motion for a bail/bond rehearing.
Right now your son is held in jail because there is no bond being posted, it has nothing to do whether an indictment had been issued.
Also if you son signed a waiver, he can be charged by the DA's formal accusation.
the fact is , my son wants his time to go towards his felony charge if convicted. he has a 6 year old son and doesn't want him to go through losing his dad over and over. it was his idea along with his lawyer to stay in jail. We were just wondering how long they can wait after the charges to indict you. everyone else in jail with him say they were indicted within 1 month
Generally it is 30 days, are you sure that there was no indictment or your son did not waive the indictment?
I am positive
Have you asked your son's attorney about this? He is the one who is supposed to be closely familiar with your son's case.
My son just told me about what the other guys in jail with him said about how long their indictment took. His lawyer is on vacation and I just wanted to know if there was a time limit on how long they can wait for an indictment. I will talkt\
I will talk to the lawyer when he gets back. it just seems 13 months is too long
I understand. You will need to speak to your son's attorney as generally it is 30 days from the time the person is arrested and the time for the defendant to either be indicted or the charges would have to be dropped.
Defendant can waive his rights to the grand jury indictment, and your son's lawyer would know whether that took place.
Does it make sense?
It does make sense. I do know that my son has not waived his rights because when we came off the first bond, we had to go to court and when they called my sons name the judge said that he had not been indicted yet. My son has been called in 2 times and told what his charges were both times he was arrested. at that time bond was set. that is all that has happened
Is your son represented by a private attorney or a public defender?
He is represented by a private attorney who is supossed to be very good. he use to be a prosecuting attorney for the state of georgia
Great, I would strongly suggest that you set up a meeting with him and raise all these valid concerns.
Because he is very familiar with your son's case he can explain thing to you specifically pertaining to you son's case and also possibly look into potential issues that can help him defend your son.
I will and already would have if he was in town, but when I heard this from my son I was very eager to get an answer. Can the da file some kind of motion that would give them more time before they have to indict someone?
Yes under some circumstances or the can dismiss the charged and re-file them once the indictment if obtained.
would one of those circumstances be that they need more time to get their case together? If that is what they are doing it sounds like their case might not be too good, or maybe i am just hoping
Under some limited circumstances, they can.
Thanks for your time, you have been a great help and have at least given me some hope
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