Q: When you’re arrested and released on bond when should a case be made?
My son was arrested for sexual assault but was told by arresting officer he was being arrested for unpaid speeding tickets. He then is released on a $70,000 bond. But yet no case or charges for sexual assault have been filed by the DA. Yet my son has to report to probation take UA tests and is not allowed to live where he did due to being close to a public pool. Is all this even legal when no case has even been made? I’m so upset. He has a lawyer we are paying that ignores our calls and says just do what probation people say. No closer to even knowing if charges will be made. How long can the DA take and put someone through all this like he is already found guilty?
A: The statute of limitations for sexual assault is either 10 years from the date of offense, or in some cases, there is no statute limitations for such an offense. If yo are not satisfied with your attorney, consider another attorney. Good luck.
A: The prosecutor is on a time table for filing a charge. An indictment must be returned by the grand jury within 180 days or the next term of the grand jury. You can usually count on 180 days from when your son was arrested for a grand jury indictment to be returned. If this does not happen contact your lawyer to file a motion to dismiss. If the lawyer is not willing to do so, hire another lawyer. Good luck to you.
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