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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

Posted

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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4 comments

Asker

Posted

Your response does not really answer my question. I am asking under what circumstances would a criminal indictment be dropped or dismissed?? Can you give examples? During initial preliminary hearing, the judge had already decided there was probable cause to send the case to a grand jury. Now I want to know under what type of circumstances COULD it be dismissed?

Frank Mascagni III

Frank Mascagni III

Posted

First, you should be asking these questions to your attorney in an attorney-client privileged communication. Second, the members of the Grand Jury HAVE THE SAME TASK-TO FIND PROBABLE CAUSE TO INDICT. Your case can only be "DROPPED" if the prosecutor decides to drop it, doesn't present it to the Grand Jury, or the Grand Jury votes not to return a True Bill. It can only be DISMISSED on motion of your attorney back in District Court (which has now lost jurisdiction) or on motion of your attorney AFTER a Grand Jury returns an Indictment and the case jurisdiction vests in Circuit Court. Your attorney will prepare such a motion if it has merit ( improper jurisdiction, legal impossibility, police/prosecution misconduct, Statute of limitation bar, former prosecution bar, double jeopardy, some claim of violation of the state or federal constitution, violation of governing Rules of Criminal Procedure, etc.).

Asker

Posted

"Your case can only be "DROPPED" if the prosecutor decides to drop it, doesn't present it to the Grand Jury, or the Grand Jury votes not to return a True Bill. " Question: What would make a prosecutor "drop" it to begin with? I am looking for the answer to this question!! I'm assuming your last paragraph would answer that?? Also, what makes you think that I haven't discussed these things with my attorney already? Perhaps I was getting second, third, and fourth opinions about my case.

Frank Mascagni III

Frank Mascagni III

Posted

Best of luck to you.

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