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How long does the grand jury have to indict a person who has bonded out of jail

Jackson, MS |

I was arrested on november the 18 of 2011 for a felony charge of aggravated assuilt and went to court on november 23 i think it was the day before thanksgiving and the judge gave me a bond of 10,000.00 and i had to have 1,000.00 dollars to bond out i bonded out on December the 1st 2011 I am trying to find out how long they have to indict me on this charge or what happens if they dont indictment in the time they have to and what happens if they dont indict me for the charge what happens then please help me as soon as possible i do have a court date sometime in march but as of now i have not been indicted for this charge

Attorney Answers 3

Posted

I assume you have an attorney representing you whether a private lawyer or court appointed. You should consult him/her about your question and concern. If you have a court date in March and you were last in federal court in November, then I have to think you have already been indicted. But having said that, the applicable statute reads: "Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges. If an individual has been charged with a felony in a district in which no grand jury has been in session during such thirty-day period, the period of time for filing of the indictment shall be extended an additional thirty days."

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Posted

This sounds more like a state case, rather than a felony case. Aggravated assault is not at typical federal crime. In addition, federal courts rarely rely on cash bonds. In federal court, the authorities have 30 days to return an indictment from the date of your arrest. But unlike federal court, most states do not require an indictment in order to prosecute you. If you already have a court date in March, my guess is that this is a state court charge with no requirement of an indictment. Your attorney should be able to help you answer this question and clear up any confusion.

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1 comment

Robert David Richman

Robert David Richman

Posted

The first sentence should read:"This sounds more like a state case rather than a federal case."

Posted

After your arrest,your first court date would be for arraignment,a legal proceeding to read your charges to you in open court,and to enter your plea of not guilty.In addition your bond for release from jail was set,and you did get out of jail. Now you are waiting action by the Grand Jury.Your return date to court in March was set to allow the D.A.'s office time to present your case to the Grand Jury and you should find out about the indictment when you appear in court. You should hire a Criminal Defense Attorney ASAP to deal with the other questions you have about your case.The State of Mississippi's officer's are putting their case together to try you for a Felony,with prison time,and you need an Attorney working on your side! Good Luck!

Victor Carmody

Legal disclaimer: This communication is for informational purposes only, and does not establish any attorney-client relationship, pursuant to the... more Legal disclaimer: This communication is for informational purposes only, and does not establish any attorney-client relationship, pursuant to the applicable Mississippi Rules of Professional Conduct

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