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Can a criminal case proceed without an indictment ???

Location: Virginia  |  Law type: Criminal defense attorney

My boyfriend, Brian Legasey is currently being held in the Loudoun County jail for a grand larceny charge.  He was arrested on May 9, 2019, and since we were not able to afford to pay his bond, he has been held on a $100k bond since his arrest date.  On the advise of his attorney, he waived his preliminary hearing in July and his case was moved into the circuit court where it has been continued several times for Brian to enter into a plea.  We are having a hard time understanding the proceedings to date and his attorney together with the prosecutor are pressuring him into signing an Indictment Waiver and a Plea but without a clear understanding of exactly it is he is signing and the outcome signing these pleadings hold, Brian has been hesitant.  On October 28th, the case was finally set for a 2 day jury trial for February 11th & 12th, 2020, however this matter was set for trial without the defendant's knowledge and without him present in the courtroom.  He was under the impression that he would be appearing in court on October 28th to enter a plea but without speaking to his client first, Brian's attorney set the matter down for trial while Brian remained in a holding cell below the courtroom.  After the hearing, his attorney advised me that he would motion for a bond reduction so that, if reduced, I might be able to get him released on bond until his February 2020 trial date.  I emailed his attorney to find out if and when his bond hearing would be and after not hearing from him, I checked the Court's docket only to find out that his case was placed on the docket for November 7th for a plea and placed there on the same date that his case was set for trial.  I was in the courtroom when his lawyer set it for trial and can only assume that his attorney agreed to the November 7th date after I had left assuming there matter had concluded for the day.  Brian was without any knowledge of any of these proceedings until I informed him this morning.

Upon further investigation, I discovered that he has yet to be indicted by the grand jury which meets monthly and will be meeting again this November on the 11th and prior to his hearing on the 7th to enter into a waiver and plea.   Why would the prosecution wait for him to sign a waiver and secure their indictment with the grand jury and why should he be signing a waiver and plea if the case has been set for trial???  Please help because I fear Brian's attorney is not being forthcoming about the proceedings to date and wants to take the fee he has been paid (over $10k) without providing a defense or any of the services that he has been paid in advance to provide.

Legal question "Can a criminal case proceed without an indictment ???" has been written 1 week 5 days ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Virginia & area of law: Criminal defense attorney. Latest answer commented 1 week 5 days ago.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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