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

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. 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 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..

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