Skip to main content

In the state of KY, how long does the state have to indict?

Lexington, KY |

The person has been on an ankle bracelet for 60 days, no indictment.

Attorney Answers 2

Posted

I would think the state is well within its time imits. However, you might want to ask the defendant's attorney just to be sure. If the defedant does not have an attorney, make arrangements to obtain one.

If this was helpful, please so indicate

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.

Mark as helpful

Posted

There is no statute of limitations in KY in which to charge a felony offense. I presume from your post that the defendant was charged and arrested for a felony offense and the case is still pending in District Court. I further assume that as a condition of bond he is on the HIP program.

If he demands a probable cause hearing, the judge will grant his request within 20 days from his arrest, if out of custody, and schedule a hearing. At the hearing the case will be dismissed, reduced or waived to the Grand Jury for an Indictment. This person should direct this question to his attorney.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Mark as helpful

4 comments

Asker

Posted

The defendant does have an attorney and we were told that we had to wait 60 days to be indicted. The case was waived to the Grand Jury at arraignment.

Frank Mascagni III

Frank Mascagni III

Posted

In Jefferson County, if the preliminary hearing is waived per RCr 3.10, the District Court waives jurisdiction to the Grand Jury/Circuit court. On what grounds is the defendant on HIP ( if it was set as a condition of bond at the District Court level to assure his reappearance at the District Court level)? If set by a District Court Judge, the district judge has now lost jurisdiction of the original case. He has NO future date at the District Court. I'm still confused. In our jurisdiction, at the time of waiver, a Grand Jury presentation date is set and given to the defendant. Usually within 30 days from waiver the case will be presented to the Grand Jury. Sometimes it is resheduled due to conflict of schedule with the presenting officer and/or witness(es). I have seen delays for 60 days in Louisville.

Asker

Posted

The defendant was put on an ankle bracelet because when he was arrested he had no bond/bail, no jail credit. They were going to leave him in jail until I proposed the ankle bracelet and signed papers to have him in my custody. He was considered a flight risk and a danger to others so that is why he had no bail/bond. When the case was waived to the Grand Jury at prelim we were told they had 60 days to indict, and he does not have a court date scheduled.

Frank Mascagni III

Frank Mascagni III

Posted

I would consult with the defendant's local attorney. Maybe he/she have an agreement with the prosecutor to present the case to your local Grand Jury within 60 days. I don't know. Under the Rules of Criminal Procedure (RCr 5.08) the defendant has the right to notify the prosecutor in writing of his desire to present evidence to the Grand Jury and the Grand Jury will be notified. This will advise you of the scheduled Grand Jury date.The Grand Jury can chose to hear from the defendant or not. You need to address all the questions with your attorney.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics