Jaspers, Moriarty & Wetherille, P.A.
Seasoned Legal Judgment For The South Metro Area

December 2014 Archives

Bankruptcy Wait Times

Clients who previously filed for bankruptcy often know they must wait a certain period of time before they file again if they want a bankruptcy discharge (the court order eliminating personal responsibility to pay a debt). This chart explains the mandatory wait times between successive filings required to obtain a new discharge. Even though a debtor may not be eligible for a discharge, they want to file anyway because their goal could be using a chapter 13 plan to save a home from foreclosure. To better understand if bankruptcy is a good option for you, contact Jim Conway 952-445-2817.

What's a Grand Jury and How Does it Work?

What is a Grand Jury and How Does it Work? Criminal charges most often are brought directly by a prosecutor against a defendant. This is typically in the form of a Complaint. However certain crimes require charging by indictment. In Minnesota, offenses punishable by life imprisonment (we don't have the death penalty), like first-degree murder, may be prosecuted only by indictment. A grand jury is a panel of citizens empaneled by a prosecutor with the assistance of the Court to determine if there are sufficient grounds, called probable cause, to charge a defendant with a crime. In Minnesota a Grand Jury is at least 16 people. A vote by the grand jury that probable cause exists results in the jury "indicting" that person.  An indictment is the actual legal document stating that there is probable cause that a particular person has committed a particular crime and as a result that defendant should be brought before the court to answer for that crime. A grand jury does not try the actual criminal case.

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