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What does dismissed due to grand jury indictment means?
Anonymous4 views5 answers
My husband has 4 pending charges 3 felonies and 1 misdemeanor he has an assault class 1 misdemeanor an aggravated assault class 4 felony sexual assault class 2 felony and kidnappings class 2 felony. And next to it all says dismissed due to grand jury indictment.
Criminal charges are initially filed in the justice court. Once probable cause is determined or the hearing is waived, any felony charges are filed in the superior court. A superior court number is then assigned and all future hearings are held in the superior court. Although the charges are dismissed in the justice court, any charges in the grand jury indictment go forward. Your husband needs an experienced attorney. Call around and see if you can get a free consultation.
That means that the state has submitted charges to the grand jury and they have issued an indictment. An indictment includes the new criminal charges. The old charges are now dismissed. This is one of the ways the state can begin a criminal case in Arizona.
I suggest you meet and talk with experienced attorney in serious felony matters.
We can help.
Howard A SnaderCriminal Defense AttorneyPhoenix, AZ ·
When accused of a felony, the prosecutor can elect to bring charges through a preliminary hearing or grand jury. The choice is theirs. The function of both is to make an initial determination of whether there is sufficient evidence to believe the person accused committed the crimes charged. As he has now been formally indicted, he will be arraigned within 10 days if in custody. At the arraignment, the judge will automatically enter a not guilty plea and set release conditions if legally permitted. The judge will also determine if he qualifies for court appointed counsel and set new court dates. Given the seriousness of the charges, you really should consider retaining experienced private counsel to guide you through the process and devote the necessary time to promote the best defense available.
When someone is arrested in Arizona, the prosecutors have a couple different options to open a case. They can hold a preliminary hearing, sometimes called a "Prelim." A preliminary hearing is like a mini trial to determine whether or not there is some evidence that the defendant is guilty. The judge must find that there is "probable cause." The probable cause standard requires that it is more likely than not that the person is guilty.
On more serious cases, such as sexual assault cases, many times the prosecution will "vacate the preliminary hearing for grand jury indictment." In all reality, this will not change the case that much, as very few preliminary hearings in Arizona are actually conducted. Expect another court appearance soon where your husband will formally plead guilty. From there the case will be set to an Initial Pretrial Conference.
In short, the case is following a path that most serious cases follow in Arizona criminal courts.
