Legal Question in Criminal Law in Kentucky
indictment
Upon arrest for drugs how much time does the feds have to indict.
Asked on 12/26/05, 11:09 am
1 Answer from Attorneys
E. Brian Davis
Davis Law Office
Re: indictment
If the person was arrested by state law enforcement, then the feds can delay until the statute of limitations is about to run. Assuming the feds made the arrest further assuming that the defendant is in federal custody, and further assuming that a felony is charged (misdemeanors need not be presented to the Grand Jury for Indictment), then the government has 30 days to indict under the Speedy Trial Act, codified at 18 U.S.C. Section 3161. There are certain exceptions (i.e. if there is no grand jury sitting in the district, the time may be extended another 30 days).
Answered on 12/26/05, 4:51 pm
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