Legal Question in Criminal Law in Arizona
How many remands?
I am one of 4 defendants in a case pending. We were indicted on various drug charges and enterprising and misconduct w/ weapons. The detective who gave testimony gave false information to the grand jury. My lawyer put in a motion to remand for a new determination of probable cause. It was not challenged by the prosector. Well a second grand jury again indicted me on the exact same charges. Now seeing the 2nd transcripts, my lawyer remanded it again. My question is how many times do they get to go back and try again after they lied twice. My case has gone for 8 months and now i'm going to be arraigned again for the 3rd time. Why don't they give it up?
Please help!
1 Answer from Attorneys
Re: How many remands?
The law does not limit the number, however at the point at which you are, my inclination would be to file a motion to dismiss for several reasons, one being governmental misconduct. If you are looking for new counsel, feel free to contact me via email.
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