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DiverGirl · Jan 7, 2012, 05:39 PM

My son is in jail on a 30K bond for 6 counts of burglary in Mississippi. He has been in jail for over 6 months without a grand jury indictment. How much longer can they hold him?

Fr_Chuck · Jan 7, 2012, 08:08 PM

Till trial. His attorney needs to be working on a speedy trial. But if they are waiting on evidence things can take more time. I have seen crime labs take over a year to get evidence ready.

So even another year waiting on trial is not unheard of.

DiverGirl · Jan 7, 2012, 08:33 PM

He hasn't been indicted by the grand jury so a trial isn't the issue. It's about when the grand jury will indict him and what is the longest they can hold him without an indictment.

Thank you for your answer.

Fr_Chuck · Jan 7, 2012, 09:32 PM

Are you sure there has not been one, it is normally done without him and his attorney does not even have a right to be in the room with the grand jury.
Mississippi Criminal Defense Law Blog: Grand Juries and Their Legal Loopholes

According to Allen Cowling, a false allegation defense specialist in Mississippi, the times that a grand jury returns an indictment without anyone first being arrested is termed a silent indictment (see Reference 3). When this occurs, the person being indicted won't be notified that the case is being heard in front of a grand jury. The defendant won't even be able to testify on his own behalf or present any witnesses. However, according to Federal Crimes Defender (see Reference 5), "The target of the grand jury does not have any right to present evidence in his or her defense." It is advisable to check with an attorney if you are brought up on criminal charges as to what your rights are in grand jury proceedings.

Read more: What Is the Difference Between an Indictment & a Criminal Complaint? | eHow.com What Is the Difference Between an Indictment & a Criminal Complaint? | eHow.com

Also many defendants waive their rights to one when charged at first appearance. This is something his attorney needs to review.

In review of some web sites, the figure 270 days seem to apply to some issues, but it was not clear.

DiverGirl · Jan 8, 2012, 03:42 AM

I feel like I haven't been clear, although I did write this originally: My son is IN jail. He has NOT been indicted. Would they actually indict him and then, what? Just let him sit there and not tell him? That doesn't make sense.

The question actually was, the Mississippi jail has had my son there for 6 months and nothing has happened so far. How long can they detain him without an indictment or trial? Isn't there a limit on how long they can hold someone without indicting them?

excon · Jan 8, 2012, 06:30 AM

Hello D:

The state has 72 hours within which to charge him.. They can charge him TWO ways. One is with a complaint. The other is an indictment handed up by the grand jury.. They ALREADY charged him, so they don't NEED the grand jury indictment in order to proceed to trial. But, many prosecutors want one. There's NO time limit for getting one of those, except the speedy trial provision in the Constitution.. I'm sure your son WAIVED it...

Nonetheless, 6 months is TOO long, and his attorney needs to make motions to MOVE the process along... However, there MAY be a strategy behind the wait.. Maybe he thinks witnesses will forget or disappear... I couldn't say.

excon

DiverGirl · Jan 8, 2012, 03:43 PM

His court appointed attorney resigned. He hadn't heard from him in months anyway.

There has been no grand jury indictment and I don't believe he signed anything away. I told him not to talk to the police or sign anything when he was arrested. He's just been sitting there with no progress as of yet.

I was told by his attorney, when he had one, that the grand jury meets four times a year, which is fine. But, how long can they legally hold him before his right to a speedy trial is compromised?

excon · Jan 8, 2012, 03:48 PM

Originally Posted by DiverGirl

But, how long can they legally hold him before his right to a speedy trial is compromised?

Hello again, Girl:

Only a few weeks. That's why I believe he waived the speedy trial provision.. He needs a new attorney. He should write a letter to the judge DEMANDING a new one be appointed.

excon

Fr_Chuck · Jan 8, 2012, 04:35 PM

In Miss, there law on speedy trial is that 270 day number. It has been set by case law in Miss, they can take longer if there is evidence pending or of course for other reasons.

Assuming he is convicted, this time will count toward time served of course.

We had one case here in GA where they were waiting on evidence from the state crime lab. It was one year and two months getting to trial.