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Asker
Posted almost 2 years ago.

Your response does not really answer my question. I am asking under what circumstances would a criminal indictment be dropped or dismissed?? Can you give examples?

During initial preliminary hearing, the judge had already decided there was probable cause to send the case to a grand jury. Now I want to know under what type of circumstances COULD it be dismissed?

Frank Mascagni III
Frank Mascagni III, Criminal Defense Attorney - Louisville, KY
Posted almost 2 years ago.

First, you should be asking these questions to your attorney in an attorney-client privileged communication. Second, the members of the Grand Jury HAVE THE SAME TASK-TO FIND PROBABLE CAUSE TO INDICT. Your case can only be "DROPPED" if the prosecutor decides to drop it, doesn't present it to the Grand Jury, or the Grand Jury votes not to return a True Bill.

It can only be DISMISSED on motion of your attorney back in District Court (which has now lost jurisdiction) or on motion of your attorney AFTER a Grand Jury returns an Indictment and the case jurisdiction vests in Circuit Court.

Your attorney will prepare such a motion if it has merit ( improper jurisdiction, legal impossibility, police/prosecution misconduct, Statute of limitation bar, former prosecution bar, double jeopardy, some claim of violation of the state or federal constitution, violation of governing Rules of Criminal Procedure, etc.).

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Asker
Posted almost 2 years ago.

"Your case can only be "DROPPED" if the prosecutor decides to drop it, doesn't present it to the Grand Jury, or the Grand Jury votes not to return a True Bill. "

Question: What would make a prosecutor "drop" it to begin with? I am looking for the answer to this question!! I'm assuming your last paragraph would answer that??

Also, what makes you think that I haven't discussed these things with my attorney already? Perhaps I was getting second, third, and fourth opinions about my case.

Frank Mascagni III
Frank Mascagni III, Criminal Defense Attorney - Louisville, KY
Posted almost 2 years ago.

Best of luck to you.