Nashville, TN asked in Criminal Law for Tennessee

Q: How long can a case be bound over to grand jury for before a decision has to be made? My case was bound over 1 year ago

Harassment accusation along with order of protection in January, 2019. Order of protection dismissed twice (won initial hearing and appeal hearing). Harassment was bound over to grand jury in March, 2019 and it’s now February, 2020 and it is still showing as bound over. Is there a time limit for a decision to be made? I can’t imagine the DA is allowed an infinite amount of time to present the case to a grand jury?

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2 Lawyer Answers
Shanone Emmack
Shanone Emmack
Answered
  • Franklin, TN
  • Licensed in Tennessee

A: When a case is bound over it sometimes gets pushed a few months but a year is a little long. I would first contact the clerks office and see if they have any information about when your case is scheduled to go to the grand jury? The clerk's office usually has updates and sends out letters of grand jury date changes. Also, you should hire an attorney to help you with this process. The attorney can talk to the District Attorney's office and possibly help move your case up.

Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You do not want to be in a hurry to get Indicted. You need a competent attorney since you do not understand what is going on, which is obvious because you bound it over without a Preliminary Hearing, and now cannot wait to get prosecuted. If you are lucky, you will never be Indicted.

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