Grand jury; dismissal of charge
§ 190.75 Grand jury; dismissal of charge.
1. If upon a charge that a designated person committed a crime, either (a) the evidence before the grand jury is not legally sufficient to establish that such person committed such crime or any other offense, or (b) the grand jury is not satisfied that there is reasonable cause to believe that such person committed such crime or any other offense, it must dismiss the charge. In such case, the grand jury must, through its foreman or acting foreman, file its finding of dismissal with the court by which it was impaneled.
2. If the defendant was previously held for the action of the grand jury by a local criminal court, the superior court to which such dismissal is presented must order the defendant released from custody if he is in the custody of the sheriff, or, if he is at liberty on bail, it must exonerate the bail.
3. When a charge has been so dismissed, it may not again be submitted to a grand jury unless the court in its discretion authorizes or directs the people to resubmit such charge to the same or another grand jury. If in such case the charge is again dismissed, it may not again be submitted to a grand jury.
4. Whenever all charges against a designated person have been so dismissed, the district attorney must within ninety days of the filing of the finding of such dismissal, notify that person of the dismissal by regular mail to his last known address unless resubmission has been permitted pursuant to subdivision three of this section or an order of postponement of such service is obtained upon a showing of good cause and exigent circumstances.
1. If the evidence is not legally sufficient or the grand jury is not satisfied of reasonable cause, it must dismiss and file the finding of dismissal (through the foreman) with the court.
2. If the defendant was being held, the superior court must release him from custody (or exonerate bail).
3. A dismissed charge may not be resubmitted unless the court authorizes it — and if dismissed a second time, it can never be submitted again. ★ (One resubmission, court-approved, max.)
4. When all charges against a person are dismissed, the DA must notify that person within 90 days by regular mail — unless resubmission was permitted or a postponement order was obtained for good cause. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.