Comnwlth of Ky If you have a prelim hearing for a felony charge then make bond can you still be indicted LATER by the Grand Jury ie re-arrested if out on bond?
== == Well first off Virginia, Michigan, and Pennsylvania are
the only Commonwealths in the United States. If you are on bond
that just means you don't have to wait in jail for the trail to
begin. A preliminary hearing has nothing to do with the Grand Jury.
A preliminary hearing is a criminal hearing to determine whether
there is sufficient evidence to prosecute an accused person. A
grand jury serves or may serve only two distinct functions. First
is a screening function where the grand jury evaluates evidence
supporting possible charges and returns an indictment, if evidences
suffices to it. A grand jury only has to find a preponderance of
evidence, not like a traditional jury that has to find beyond a
reasonable doubt. The other function of a grand jury is to develop
information that is of value in determining whether grounds for a
charge exist. Essential the same function except one they return an
indictment basically saying there is enough evidence against you to
go to trail. An indictment does not mean you will be brought to
trail or arrested, that is up to the prosecutor. An indictment
means there is a formal written accusation of a crime. So a
preliminary hearing is usually just to let you know that you will
be going to trail. If the judge revoks your bond or you get
arrested again or you appear to be a flight risk you can be "re
arrested". But as for now your on bond because you promised to
appear back at court for your trail date.
Everyone has a right to ASK to go before the Grand Jury
regarding their own case, but the Grand Jury has the final decision
on whether they will hear you or not. That is true for everyone,
even if you are incarcerated. You must make a written request to
appear and give it to the Commonwealth Attorney who presents it to
the Grand Jury. WRONG! Kentucky is indeed title "Commonwealth." I'm
an attorney in the Commonwealth of Kentucky, and I can tell you
that if you don't know what you are talking about you probably
shouldn't comment on Kentucky law.