Indictment period?

[Burner351UK]

Jurisdiction

West Virginia

So I was arrested in January for a felony charge, "Fraudulent Schemes". I made bail that weekend and my attorney advised to give up the right to a preliminary hearing. Since then we have yet to hear a court date or any type of proceedings. I was wondering how long they have to indict me? Can this eventually just be dismissed due to the length of this not being brought up? It has almost been a year!

 

[mightymoose]

West Virginia does not have a statute of limitations for felony offenses.
Usually after a certain period of time a state loses opportunity to prosecute, but your state retains that option indefinitely.
Make yourself real small and stay off the radar. The more time that passes the less likely you will ever be pursued.

 

[Burner351UK]

West Virginia does not have a statute of limitations for felony offenses.
Usually after a certain period of time a state loses opportunity to prosecute, but your state retains that option indefinitely.
Make yourself real small and stay off the radar. The more time that passes the less likely you will ever be pursued.

Seems unfair, so I just remain out on bond until whenever?

 

[mightymoose]

Your attorney should have the best answers for you, but yes, you remain out until they take action against you, if at all.
If they take no action it seems you should be entitled to a return of your bond at some point.... Your attorney can help look in to that, but personally I wouldn't stir the pot.

 

[Highwayman]

You have an attorney so you should be asking him. He knows your case best.

If you're not happy with your attorney get another one.

 

[flyingron]

The wheels of justice on felony prosecutions is often not as fast as people would imagine. WV's speedy trial time doesn't commence until the indictment. And then the time limits is expressed in terms of "court terms" which I think are roughly 120 days. Even then you have to push the issue if you want to avail yourself of it.

Listen to your attorney, but I suspect it's wishful think to think this is going away. If the thing does seem to be going stale, he can petition to have your bond returned.