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How Long Can Grand Jury Consider My Case?

In Kentucky the grand jury generally will consider your case up to 60 days after it has been bound over following a preliminary hearing.  That said, there is no requirement to indict within that time, but there are some safeguards if an indictment is not forthcoming. If the grand jury does not indict within 60 days of the preliminary hearing, the defendant is required to be released without bond.  If the defendant is already out on bond, the bond is required to be returned to the surety. This question becomes more interesting as time progresses and the Commonwealth continues to BUILD their case.  The investigator or Attorney for the Commonwealth may be awaiting blood results before deciding how to indict a vehicular homicide case.  The Commonwealth may seek additional evidence such as a blood sample, DNA or voice or handwriting sample in order to determine if the Defendant is properly charged. There is very little law on the subject and a criminal defendant may await indictment for long period of time.  The range of options varies, but may include request to testify at Grand Jury proceedings or dismissal of the charges.  Due to the fact that Kentucky law does not have a statute of limitations for felony crimes, there is no speedy trial until after an indictment is made. The Sixth Amendment to the U.S. Constitution guarantees the right to speedy trial. This is reiterated in the Kentucky Constitution under Section 14 of the Preamble.  An interesting case may be made regarding your right, as well as the necessity to file a demand for speedy trial.  If you are awaiting trial, it may be necessary to first demand the trial occur in a speedy manner. If you have questions about criminal law and your rights, contact Michael Bouldin at Bouldin Law Firm.  120 West Fifth Street in Covington, Kentucky.  Email at mwbouldin2@gmail.com. Call 859-581-6453 (581-MIKE).

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