Originally posted by Rhavicc:
Originally posted by TNTUK:
Originally posted by bigblueinsanity:
Originally posted by TNTUK:
^Rhaviic: See above on page 1. 60 day rule only applies to those in Jail. Tubman is NOT in jail. Further, a no true bill does not mean dismissal. Not even close.
This post was edited on 1/16 1:52 PM by TNTUK
Review Criminal Rule of Procedure 5.22(3). If the Defendant is incarcerated they are to be released. If they are not incarcerated, their bond is to be returned and any conditions thereof are to be removed.
The case is dismissed, without prejudice, if it isn't indicted 60 days after being bound over.
Sorry - it's not dismissed. Read the next rule of criminal procedure 5.22(4) - Failure of the grand jury to return an indictment (ie a no true bill) against a defendant
DOES NOT prevent any charge against such defendant from being submitted to another Grand Jury.
In other words, they can submit to a GJ at some point in the future.
I read 5.22(3) and it was amended and the new rule became effective 15 days ago. (Jan 1, 2015). Seems to deal specifically with someone in custody or someone who posted bond with money (to get a refund) - not sure Tubman posted any monies in addition to the condition of home incarceration. However, the rule could possibly be construed as possibly having the effect of changing someone's bond conditions (someone who didn't put up money).....but that doesn't seem likely to me. Doubt that was legislature's intent. Could be wrong I suppose.
If it's the latter, then I'm sure the attorney would file the necessary motion to change the bond. That's for the attorney and Tubman to decide. Remember however, home incarceration gets you jail credit. In the event he is convicted (of any charged related to the alleged crime), he will get day for day credit as if he were in jail.
This post was edited on 1/16 1:06 PM by TNTUK
In the state of Kentucky, house arrest, probation, or jail time does not count along with the time a person has to serve in prison if convicted. Meaning, if somebody is in jail waiting for trial for 9 months, goes to trial, is convicted, has to go to prison for 5 years, that 9 months does not count towards the 5 years that the person has to serve.
It is dismissed, but not in the case of a felony. If it is a misdemeanor crime, then all charges are dropped after 60 days if the grand jury is unable to provide sufficient evidence to charge the accused, and send the case to trial. Felonies in the state of Kentucky do not apply to the statute of limitations. If this goes to grand jury without sufficient evidence to go to trial, then he will be free to go. If more evidence is found (rare in the case of rape, especially in a college dorm), it may go to the grand jury again.
The problem with this one is that there is no evidence that differentiates this from anything more than casual sex, and that could be the issue that the grand jury is facing when taking the evidence into account, paired with her story. If you're studying, why invite your ex into your dorm, alone? If he needed to talk and you
really didn't want to see him, why not just speak for a moment while you were on the phone instead of going down, signing him in, etc.?
It's just a really slippery slope.
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All I can say is that when I practiced as a PD, ankle monitoring and house incarceration (very rare) counted toward jail credit. There is a push to keep our prisons from getting overpopulated.....this was one way of addressing that issue.
I agree with you that probation doesn't count....and I never said it did in the first place.