What is extension of time to file a written request to remand case to the Grand Jury for a new finding of probable cause?

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What is an request an extension of time to file a written request to remand case to the Grand Jury for a new finding of probable cause and how often does this happen? They were originally indicted on felony counts, is it standard wording that this is in the minutes or is this something that routinely happens when a defense attorneygets a case?

Attorney Answers

2
Paul E KnostCriminal Defense AttorneyTolleson, AZ ·
The Arizona Rules of Criminal Procedure allow only 25 days after the Grand Jury transcript is filed or after arraignment, whichever is later, to challenge the Grand Jury proceedings and request that the case be remanded to the Grand Jury for a new finding of probable cause. It is fairly common for defense attorneys to request additional time in situations where there has been difficulty in procuring the transcript.
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Kristen Curry ·
The time limit for filing a motion to remand is set forth in the rules of criminal procedure. It is not something that you would see in a minute entry. It is 25 days from the arraignment or filing of the transcript, whichever is later. An attorney can request an extension to this time but the request must be made within the time period or it will likely be denied as untimely.
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