Q: Do they have 180 days to secure an indictment? Why would they close case open new one same charges different case number
I initially was arrested and released on a charge went through the whole court hearings go to sign my plea and the fill in Procecuter says to continue there's something more. So we continue and my lawyer says oh mix up with codefendants case # so scratch that and will continue for next hearing for plea. Then I get a grand jury indictment same charges new case #. Go to court they close 1st case and continue on with this second one same charges? How is that legal? Isn't something criminal procedural rights.
A: Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be unconstitutional, but it's not.
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