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How many times does a grand jury get to meet before they have to make a decision on an indictment
Anonymous4 views3 answers
the police busted my door down w/o a search warrant found a dime of marijuana and arrested me for distribution under 62,000 bond first offense in my life i was 38 female the grand jury has met twice n has said no indictment pending forensics.its been hell they took everything i had im jus ready for this to b over
In Texas the grand jury can consider your case as many times as the state wants to present it within the SOL applicable to the offense. That said, many grand juries get upset when they learn that a particular case has been declined in the past and is being represented. hire an attorney and make sure they keep an eye on the proceedings.
Good luck
The District Attorney has the authority to present a case to the grand jury as many times as the D.A. wishes, until the applicable statute of limitations on the crime as run or until the grand jury returns a 'true bill.' If the information presented is 'no billed' (did not get 12 of the 18 grand jurors to vote to indict), then the case is held until the next session. Of course, the D.A. does not have to present the case to the next session and has the authority to dismiss the prosecution.
It is in your best interests to hire a qualified criminal defense lawyer to represent you. The crime of 'distribution' of controlled substances is very serious and carries a penalty of 20 years to life in prison. For a listing of qualified criminal defense lawyers in your area, check the listings of the Alabama Criminal Defense Lawyers Association at: www.acdla.org.
Some counties have an unofficial policy of only presenting a case to the grand jury three times before dropping it. However, there is no legal prohibition to them presenting a case every time the grand jury meets. If the reason the grand jury keeps deferring on whether to indict you is just because they are waiting for the forensic test results, then I don't think your case will be indicted or no-billed until the test results are back. The labs where drugs are tested are very backlogged, so this could take a long time.
I would suggest that you go hire a criminal defense lawyer to start working on your case as soon as possible. Don't wait for the indictment to start building your defense. If the drug test comes back positive you will be indicted for a felony charge.
If it takes a very long time for the indictment to be issued, it is possible that you could assert the denial of your right to a speedy trial as grounds for having your charge dismissed. However, whether that issue can be raised will depend on several factors that are beyond the scope of this discussion. Go talk to an experienced criminal defense lawyer right away.
Good luck to you.