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If a case has been refiled for an indictment, I thought the DA have 10 days to bring the evidence to the grand jury?

Stockton, CA |

will the case get dismiss if the DA doesn't have anything within that 10 days after refiling for indictment?

Attorney Answers 2


  1. I am not sure what the particular scenario you are writing about. The DA has 10 court days to present evidence in front of a magistrate in a felony case in the form of a preliminary hearing. The DA can bring the case to a grand jury anytime.

    This person needs an attorney and I hope they have one. A grand jury indictment usually means there is a bunch of witnesses or lots of cases which make it difficult to hold a preliminary hearing. Anyway, make sure this person has an attorney.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


  2. Your post is confusing a to what has actually happened.
    Felony Criminal case are initially prosecuted by compplaint process , Grand Jury to indictment or a combinatioin.
    In the complaint process, DA has 10 days after the arraignement of the defendant to put on the preliminary hearing. If he does not either he dismisses and refiles or tries for a "good cause" continuance. That is statutorily limited bit there are judicial exceptions and can go upto 60 day post arraignement. at that point if the defendant has not waived time, case is dismissed. DA may refile. Process restarts.
    Indictment is where the DA convenes a criminal grand jury and puts on his case. That process can begin before or after the defendant is arrested. If before arrested, DA has until the statte of limitations runs out.
    Where defendant is arrested and complaint is filed, DA can start the grand jury indictment process. Sometimes, defendant arrested, DA files complaint and cannot get his witnesses together so dismisses and refiles complaint. Decides to do grand jury. If he does not have that done by time 10 dys runs, he can ask the court to continue the case. If court finds good cause, case is continued and defendant is released.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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