Nielsen Legal
Contact Lawyers Who Care: 828-564-1321

A track record of Successful results

I've been charged with a Felony, but I have not been Indicted, why?

Often, individuals are charged with felonies and their court dates are set for district court. As many people may know, felonies are typically dealt with in Superior Court and cannot be handled or disposed of through plea or trial in district court.

However, there are many reasons that someone who has initially been charged with a felony may be in district court.

  1. The defendant or the person charged may need to be arraigned (a judge tells you what you have been charged with and the possible sentence range);
  2. Bond hearing on certain lower level felonies;
  3. Misdemeanors have also been charged with the felony(ies);
  4. The DA has not taken the case to the grand jury for indictment yet, which is often the most common reason.

But when will the State or DA indict a case? This is solely in the prosecutor's discretion. The DA does face statute of limitations on many crimes to actually indict the case, but they also can wait until their case is ready to present before indicting.

See our other post on grand juries and probable cause hearings - CLICK HERE

No Comments

Leave a comment
Comment Information
Email Us For A Response

How can we help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • Asheville Office
  • Waynesville Office

Asheville Office
215 Executive Park
Bldg. 1
Asheville, NC 28801

Toll Free: 855-978-7287
Phone: 828-564-1321
Fax: 828-229-7255
Asheville Law Office Map

Waynesville Office
413 Walnut St.
Waynesville, NC 28786

Toll Free: 855-978-7287
Phone: 828-564-1321
Fax: 828-229-7255
Waynesville Law Office Map