How long does it take after grand jury indictment to have a judge or jury trial. Also, after the grand jury issues an indictment will that person be re-arrested and taking into custody or can they stay out on current bond?
It depends of the facts and circumstances of your specific situation. As a general rule, speedy trial laws in Virginia require that after the indictment, the case must be tried withing 5 months if the defendant is in custody, or within 9 months if the defendant is out on bond. However, there are also several factors which can extend the speedy trial time limits.
In most cases, however, the speedy trial limits are not a factor and most cases are tried much sooner. How quickly your case is tried depends on a number of factors,including the availablility on the attorneys’ calendars, the court’s docket, and any scheduling procedures in your specific jurisdiction. As a general rule of thumb, I advise many clients to expect a judge trial within 1-2 months and a jury trial within about 3-5 months, although every case is unique and the actual trial date can vary significantly.
As far as the bond status is concerned, it also depends. If you have violated the terms of your bond, then that bond could be revoked. Additionally,if you have been indicted on additional charges beyond those you were originally arrested for,then you are likely to be arrested and have to get a bond on the new additional charges. However, if the indictment is for the same charges you were originally arrested on and if you have obeyed all the conditions of your bond, then most likely you would remain on the same bond after the grand jury has indicted you.
To find out what will happen in your specific case, you should speak to your attorney who can advise you based on the specific facts and circumstances of your case.
It will depend on whether it is a judge-alone trial or a jury trial along with available dates for the court, defense counsel and all witnesses. Usually with 3-4 months though. Whether the person is taken into custody or bond is granted will depend on a lot of factors, such as the defendant's behavior while on bond. This is an excellent question to ask the defense attorney.