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Case law interpreting sec 99-3-28 of miss code. Miss. If the…

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Case law interpreting sec...

Case law interpreting sec 99-3-28 of miss code

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If the statute is no followed is that grounds for dismissal after an indictment has been returned

Submitted: 6 months ago.Category: Criminal Law
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Answered in 7 minutes by:
7/31/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,134
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

This matter was taken up in State v. Delaney in 2011. The holdiing indicates that the hearing is not mandatory and that the indictment does not have to be dismissed when the statutory procedures are not followed. A probable cause hearing is unnecessary when a grand jury has returned an indictment.

You can read the case here.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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