Legal Question in Criminal Law in New Hampshire
Indictment in NH
How long does a prosecutor have to submit a case to the grand jury after a probable cause hearing?
1 Answer from Attorneys
Re: Indictment in NH
The Superior Court is supposed to automatically dismiss a "bound over" complaint if an indictment is not returned within 90 days. However, in practice this does not always occur in a timely manner. Therefore, defense counsel may file a motion to dismiss for failure to indict in a timely manner. However, any such dismissal is without prejudice. So the prosecutor can re-file.
The issues require a defense attorney to explain. If you have a case pending indictment it is a serious matter and you should consult with an experianced defense attorney. As each case is different, do not rely on this answer, it is given as general information and should not be supplied for a specific case. By answering this question, an attorney - client relationship is not being formed.