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    only1bigdaddyo's Avatar
    only1bigdaddyo Posts: 4, Reputation: 1
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    #1

    Sep 14, 2011, 02:21 PM
    How long does state have to indict?
    Charges were filed,defendant arrested,out on bond, numerous continuances transpired (mutually agreed on) trial date was set once or twice (currently not set) then after 1 1/2 years the state finally indicted...
    Does anyone have the direct statute for this limitation? I know there's a limitation for the indictment to transpire...
    Anyone?
    Thanks in advance.
    cdad's Avatar
    cdad Posts: 12,701, Reputation: 1438
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    #2

    Sep 14, 2011, 02:28 PM
    Depends on the state and the crime committed. In one state they were reaching the SOL on the crime and had to move on it or lose it so they indicted the DNA. Thereby streching the SOL for many more years until the person was caught and convicted.
    only1bigdaddyo's Avatar
    only1bigdaddyo Posts: 4, Reputation: 1
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    #3

    Sep 14, 2011, 02:30 PM
    Illinois
    Harassment of witness (felony)
    Defendant was charged and is out on bond...
    That's where we are, they neglected to indict in a timely manner.
    cdad's Avatar
    cdad Posts: 12,701, Reputation: 1438
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    #4

    Sep 14, 2011, 02:36 PM
    Looks like it could be 7 years. Here is some links to look over.

    Indictment - Criminal Law Lawyer Source

    What is the time limit on being indicted on a felony count? Criminal Legal Questions & Answers
    only1bigdaddyo's Avatar
    only1bigdaddyo Posts: 4, Reputation: 1
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    #5

    Sep 14, 2011, 02:49 PM
    My question is probably confusing because it's quite unorthodox and is normally not done in this fashion. I believe they have violated the statute for indicting. Charges were already brought, arrest was made, defendant bonded out, trail was set and 1 1/2 years later there had still been no formal indictment read.
    I know it's confusing, it was shocking to read also.

    Thanks
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Sep 14, 2011, 02:59 PM
    Hello:

    In answer to your question, there are TWO time frames that the law mandates. The first is that charges MUST be filed within the statute of limitations. Those limitations run from the time the crime is discovered, and END when charges are filed or they expire.

    The OTHER time frame is your Constitutional guarantee of a speedy trial... That differs depending on where you live and the quality of your lawyer.

    There is NO time frame to indict. Where would the time frame START? Nope. If they have evidence, they can indict 20 years later.

    excon
    only1bigdaddyo's Avatar
    only1bigdaddyo Posts: 4, Reputation: 1
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    #7

    Sep 14, 2011, 03:03 PM
    So how does the statute of limitation apply to the original charge. The indictment is the formal reading of charges. If the statute for a class 2 felony is 1 year then it would only make sense that they would have to indict within the twelve months... am I misunderstanding? The indictment is was counts as to the "item" in question of timing...

    So it's a class 2 felony, Illinois and indictment came 1 1/2 years after charges/arrest was made.

    Thoughts?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Sep 14, 2011, 05:47 PM
    Quote Originally Posted by only1bigdaddyo View Post
    Charges were filed,defendant arrested,out on bond
    Quote Originally Posted by only1bigdaddyo View Post
    am I misunderstanding?
    Hello again, o:

    Yes, and no. You say charges were filed... That ended the SOL. A prosecutor doesn't NEED an indictment in order to try a defendant. He's able to file charges on an "information", and apparently, your prosecutor did. He get's an indictment when he's not sure of the charges, or he needs a slam dunk. But he has as much time as he needs.

    excon

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