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twospiritsmssrs · Aug 23, 2013, 09:26 PM

I have a friend who was arrested in marion county , Mississippi for sales charge first offense. She has been incarcerated for nine months and still has not been indicted! How long do they have to indict her before she can be released?

joypulv · Aug 24, 2013, 12:00 AM

I believe it falls under this:
Rule 13.9 Dismissal
13.9c- If no indictment has been returned by the grand jury within 6 months after the filing of the complaint, or before the discharge of the 2nd regularly scheduled grand jury in the County in which the complaint has been filed, whichever occurs later, the prosecution shall be deemed abandoned and the clerk shall enter a dismissal of the prosecution, unless the prosecuting attorney shows the court good cause why the complaint should not be dismissed.

Do you have any idea how often the grand jury convenes, or if the DA was able to show good cause to extend it?
When you say 'sales' do you mean drugs? It sounds like they are still trying to get to the bigger fish in some operation?

excon · Aug 24, 2013, 08:18 AM

Hello two:

That's the wrong question.. The state has 72 hours to CHARGE someone with a crime, or let them go. Therefore, she IS already charged, and the prosecutor is looking to bolster his case by seeking an indictment too.

Since she has been charged, but not TRIED yet, the question you should be asking, is why hasn't her lawyer filed for her release due to the speedy trial provision. Or, in the alternative, I'll bet she waived her speedy trial rights...

But, those are the salient questions.

excon

joypulv · Aug 24, 2013, 08:55 AM

Yes, I've seen advice on prison blogs to NOT go for the speedy trial rights.

excon · Aug 24, 2013, 11:09 AM

Hello again, joy:

Yes, I've seen advice on prison blogs to NOT go for the speedy trial rights.

If you're going to trial, it's good advice. Witness's disappear.. Memories fade. Most lawyers, as a matter of course, have their clients waive them.

It wouldn't be something I'd do, or recommend. Just the idea of waiving ANY rights is noxious to me.

Excon

joypulv · Aug 24, 2013, 12:01 PM

Does someone stick a waiver under your nose saying sign or else? Can you just do nothing, and then demand a speedy trial after a long incarceration?

excon · Aug 24, 2013, 01:37 PM

Hello again, joy:

Does someone stick a waiver under your nose saying sign or else? Can you just do nothing, and then demand a speedy trial after a long incarceration?

Yes, yes, and yes. Well, they don't say or else..

In THIS case, if she hasn't waived them, she CERTAINLY can demand to be tried immediately or the charges be dropped. But, there's stuff going on here that neither we, or the OP know about.

Excon