Q: What will happen next when there was a motion filed- MOTION TO EXTEND TIME TO CHALLENGE THE GRAND JURY PROCEEDINGS?
We have been fighting the case aggv assault on an officer since Oct. 11. I was there and there was no assault or resist during the arrest of my husband. They dismissed the case due to grand jury indictment that means they decided closed doors. One non-guilty arraignment happened and next will be pre-trial on dec. 10. The Motion to extend time to challenge grand jury proceedings was filed Nov. 7. Another motion was filed with it- DEFENDANTS NOTICE OF DEFENSES AND REQUEST FOR REBUTTAL WITNESSES 15.2. Does this mean the court has 15 days to respond or else the case will be dismissed?
A: No. The request to extend time was filed by your husband's attorney after the grand jury issued an indictment. There is a hard time limit to challenge the grand jury indictment, so the attorney is making sure they have enough time to challenge the indictment. The second filing is just a procedural filing by your husband's attorney. It is required by the rules and does not result in a dismissal or anything like that.
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