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Unread 04-22-2007, 09:20 AM
 
Location: Berlin
3 posts, read 8,660 times
Reputation: 14
Default Indictments

Is there a certain amount of time before the courts HAVE to indict a person? If so, how long? My fiance is in jail right now and they still have not indicted him, but they are still holding him, how long can this go on, his trial date is set for July, but as I said he is still not indicted.
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Unread 04-22-2007, 11:21 AM
 
Location: N.H.
1,021 posts, read 2,283,488 times
Reputation: 424
Quote:
Originally Posted by hazeleyes02128 View Post
Is there a certain amount of time before the courts HAVE to indict a person? If so, how long? My fiance is in jail right now and they still have not indicted him, but they are still holding him, how long can this go on, his trial date is set for July, but as I said he is still not indicted.
You are misinformed. Unless it is a misdemeanor He can't get a trial date until he is indited. So (A) he is lying, or (B) It is such a minor charge indictment is not necessary. IN NH. Within 24 HRS of arrest he would have been arraigned. Upon which time He would Enter a guilty plea, Been given a lawyer if not able to afford one, Or Set a date for a probable cause hearing. If there is a probable cause hearing( which sometimes there is not) It will be held at the District Court. At which time a Judge will decide, whether He can be held until the grand Jury hears the case. More often than Not (for some foolish reason ) People waive this hearing. On minor crimes this is actually a form of indictment. (I am no lawyer but This is as I understand it.) If a judge finds probable cause than it goes to a grand jury. There is between 12 and 23 people on this jury. THEY decide weather there is enough evidence to indict. The defendant NOR his attorney are allowed to attend. Nor are the Victims. The arraignment is to serve the person an Indictment, returned by the grand jury. AT that time he/she enters a plea.( AND THEN THE TRIAL DATE IS SET)
Alot of times for some stupid reason they tend to waive the arraignment as well. So either he waived it or he is lying about the charges, and don't want you to know. Or he could just Not have a clue. But to get a trial date which you state he has. HE must have gotten arraigned already or waived it all together. Either way you must wait til trial now as that is how it works. Try HTTP://DOJ.NH.GOV (broken link) That should help you more than me.
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Unread 04-22-2007, 11:39 AM
 
Location: Seacoast NH
259 posts, read 594,331 times
Reputation: 258
i belive that is only required for felonies. Police simply charging him with a misdemnor is enough to hold him for 24 hours.
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Unread 04-22-2007, 05:02 PM
 
Location: N.H.
1,021 posts, read 2,283,488 times
Reputation: 424
Quote:
Originally Posted by Yankeehombre View Post
i believe that is only required for felonies. Police simply charging him with a misdemeanor is enough to hold him for 24 hours.
I believe you are correct. The link I gave should support that. Always sucks when a loved one screws-up. They never consider the The consequences of there actions.
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Unread 04-23-2007, 01:22 PM
 
Location: Between Here and There
3,684 posts, read 7,850,794 times
Reputation: 1597
Quote:
Originally Posted by hazeleyes02128 View Post
Is there a certain amount of time before the courts HAVE to indict a person? If so, how long? My fiance is in jail right now and they still have not indicted him, but they are still holding him, how long can this go on, his trial date is set for July, but as I said he is still not indicted.
Someone who is charged with a crime doesn't necessarily ever get indicted. Indictment is being formally charged by a grand jury, depending on the court system and charge in question they can just skip the grand jury and go straight to court by filing a complaint or charging a crime (what this is called again depends on the state or court system the charge is filed in). If your fiance has a court date for trial (which is what I took your post to mean) then he has already been arraigned (where the formal charge or complaint is read and entered into court before a judge) and he has pleaded either guilty or not guilty to the charges. Bail would have been asked for at that stage and if your fiance is still being held it was either ordered by the court (bail denied) or he maybe could not make the bail amount to be let out.

It sounds as if you may want to find out more information on what he is being charged with and what stage of the charge he is in. Good luck.
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