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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?

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2009-07-22 12:42:29

== == 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.


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