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How long can a person have a secret indictment or any indictment, before being arrested?

Danville, KY |

I used to sell drugs in 2005-2007 they were marijuana and crack cocaine. I have since lost both parrents to drug overdose and have found religion, and have never touched either of the stuff since early 2007. All of my ex drug friends have been arrested for things that we did in that time period. I have heard of people being indicted from charges 4 or more years old. Is that possible for cases in Danville Ky

All of my ex friends were arrested shortly after thier criminal doings. They were not hit with a 2,3,or 4 year old indictment. But I was told by a friend that I am not out of the clear just yet, I could have a secret indictment from 2005-2007

Attorney Answers 1


The simple answer is yes. Before I say more, congratulations on getting your life together. Your story is an inspiration. Under federal law, indictments stop the statute of limitations and remain valid forever. (I don't know if Kentucky has a different rule. ) Anyone arrested on an old sealed indictment has a remedy under the speedy trial provisions of the United States Constitution. The court would have to decide whether the delay in prosecution prejudiced the defendant's ability to fight the charges. In making that determination, the court will consider the efforts the prosecutor made to arrest the defendant. So you can see that the prosecutor make a risk/benefit analysis of keeping an indictment sealed. Your state constitution may have other provision. You should consult with a qualified criminal defense attorney in your state. Since you mention that you found religion, you may want to ask your pastor if your church has a program which helps people like yourself who have turned their lives around get closure from their past.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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