Ashland, KY asked in Criminal Law for Kentucky

Q: Ky law i have 60 days to be indicted or released. Is that after arrest or after it is bound over by the grand jury?

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2 Lawyer Answers
Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
Answered
  • Criminal Law Lawyer
  • Covington, KY
  • Licensed in Kentucky

A: "...if a defendant has been held to answer, without being indicted, for longer than 60 days from the finding of probable cause pursuant to RCr 3.14(1), the circuit court shall, upon motion, thereupon make an order discharging such defendant from custody; or, if such defendant is free on bail that has not been forfeited, exonerating such defendant's bail and any conditions thereon or directing a refund of any money or bonds deposited as bail, as the case may be." RCr 5.22.

So, this is after the case has been bound over to the Grand Jury.

Brendan Joseph McLeod agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: 60 days from the probable cause finding and referral to the grand jury.

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