How does a person get indicted by a grand jury in Mohave (Bullhead City, Kingman, Lake Havasu City) or Coconino Counties (Flagstaff)
How does a person get indicted by a grand jury? In Mohave, Maricopa, Coconino and all other counties in Arizona at least nine grand jurors must reach a concurrence or agreement regarding the “return” of the indictment. Defendants in Bullhead City, Flagstaff, Kingman and Lake Havasu City have a desire for legal advice after they have been indicted. So what is a grand jury?
A group of people which have been required to appear to as grand jurors for typically a month. Here, the process is similar to when jurors are summoned to appear for a trial. They hear multiple cases a day which are presented by a prosecutor, and they then decide whether to issue a “True Bill”. Once the True Bill has been signed, it has been determined that probable cause exists and an indictment will be issued. If the defendant previously has had an initial appearance under Rule 4.2 of the Arizona Rules of Criminal Procedure the court must prepare a notice of supervening indictment instead of issuing a warrant or summons. In Mohave County, Maricopa County, Coconino County and all other counties in Arizona it is possible to challenge the proceedings conducted by the grand jury.
In Arizona a defendant may challenge a grand jury proceeding only by filing a motion for a new finding of probable cause alleging that the defendant was denied a substantial procedural right or that an insufficient number of qualified jurors concurred in the indictment. Timing of the filing of such a motion is important. A motion must be filed no later than 45 days after the certified transcript and minutes of the grand jury proceeding are filed or no later than 45 days after the defendant’s arraignment, whichever is later.