Legal Question in Criminal Law in Arizona
County Grand Jury Indictment vs. Direct Complaint from County Attorney
What are the primary differences between a county grand jury indictment and a direct complaint filed by a county criminal attorney? Should one be ''more feared'' over the other? Thanks for your response.
1 Answer from Attorneys
Re: County Grand Jury Indictment vs. Direct Complaint from County Attorney
A direct is something filed by the county attorney within 2 business days of the initial appearance. Some call it a holding complaint as it holds the bond in place. If it is not filed, the person must be released. A probable cause finding must be made within 10 days of the initial apparance for in custody defendants, 20 for out of custody. This can be done by a preliminary hearing or a grand jury indictment. More serious cases go to the grand jury. More times than not, grand juries are rubber stamps for the prosecutor. The key is to not get the complaint filed. I have represented many clients and brought evidence to the county attorney that has caused the complaint to be avoided. Every case is different, but if you are looking for legal representation and to retain counsel, please call me at (six zero two) two two two - nine two three seven.
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