What reasons will a court dismiss or throw out an indictment?

Asked almost 2 years ago - Russell, KY

Under what circumstances will a grand jury dismiss or not return an indictment in a criminal case? What do they look at? The time and difficulty of the case?

Attorney answers (1)

  1. Frank Mascagni III

    Contributor Level 20

    Answered . A Grand Jury in State Court is composed of 12 citizens. Usually the prosecutor is present along with the lead police officer who testifies under oath as to the facts. Hearsay is admissable. The Grand Jury is then called upon to vote as to whether or not there is probable cause to believe a felony was commited and is there probable to believe the defendant commited the crime. The proceeding is secret and it takes 9 out of 12 votes to return a true bill.

    Review the rules of criminal procedure contained in RCr 5.02, et. seq., and RCr 6.02 et. seq. with your attorney and ask these questions of your lawyer.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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