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Often a defendant pleads not guilty at this point. The prosecutor gives their opening statements, then presents evidence against the defendant in the form of witness testimony, letters, photos, security videos, the weapon used, etc. How long does a grand jury have to indict you after a criminal charge ; child molesting, vicarious sexual gratification, child solicitation or seduction, incest: when alleged victim turns 31 yrs. A third party may secure pretrial release in the absence of a defendant who is in custody when the record contains a written acknowledgment of the terms and conditions of pretrial release signed by a magistrate and the defendant. ; most other felonies: 3 yrs. ; second degree or noncriminal violation: 1 yr. The grand jury is a constitutional requirement for certain types of crimes (meaning it is written in the United States Constitution) so that a group of citizens who do not know the defendant can make an unbiased decision about the evidence before voting to charge an individual with a crime. Fleeing or hiding from justice action commenced, 1st or 2nd degree murder: none; other felonies in 1st and 2nd degree: 6 yrs. Some serious crimes have no time limit for prosecution in almost all states, including West Virginia. Exceptions to rulings or orders of the court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which that party desires the court to take or his or her objection to the action of the court and the grounds therefor; but if a party has no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice that party. Words magistrate judge substituted for magistrate in subsec. If law enforcement took custody of your propertywhether it's a phone, car, jacket, or firearmyou're likely very interested in getting it back. An indictment is a formal accusation, based upon available evidence, that a person has committed a serious crime. after initial disclosure by victim, 1st or 2nd degree murder, involuntary manslaughter, reckless homicide, treason, arson, forgery, child pornography, many sexual offenses: none; certain theft crimes: 7 yrs. beginning when victim turns 18 yrs. ; others: 5 yrs. [Effective October 1, 1981; amended effective January 1, 1990; September 1,1995. Notice of the preliminary hearing and its purpose and of the alleged violation of probation; An opportunity to appear at the hearing and present evidence in his or her own behalf; Upon request, the opportunity to question adverse witnesses unless, for good cause, the judge or magistrate decides that justice does not require the appearance of the witness; and.