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Investigation commences and one of several suspects is subpoenaed to grand jury. He retains an attorney who writes the standard "don't talk to my client" letter to DA and various law enforcement agencies. Client then invokes before the grand jury. Nobody gets indicted and a number of years pass.

New information comes to light and the investigation is re-opened. More than a decade has passed since the attorney was retained. Attorney can't possibly be representing suspect anymore because, in the interim, he has come to the light become a prosecutor. Moreover, it appears that nobody else has stepped up to represent the guy since then either.
So, does the previous "do not talk to my client" and invocation before the grand jury still have force and effect, or can the investigators pay him a visit?
 
Posts: 280 | Registered: October 24, 2002Reply With QuoteReport This Post
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The only protection he enjoys is that of saying he won't talk--perhaps because his attorney has told him he can say that. If he is not in custody and has not been arraigned the 5th & 6th don't apply.

JAS
 
Posts: 586 | Location: Denton,TX | Registered: January 08, 2007Reply With QuoteReport This Post
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Ditto.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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So it msut have been murder if it was unindicted and yet reopened after 10 years?

Also I don't think his old attorney can be involved in his prosecution.
 
Posts: 689 | Registered: March 01, 2004Reply With QuoteReport This Post
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Could've been a child sex case. Murder's not the only offense with long/no SOLs.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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Thanks Johns. That's what I figured too, but wanted to run it by the people smarter than me before sending the Ranger out.

And yes, Alex, it's a murder. I swear I'm starting to think my new mantra should be "prosecuting murders that occurred this century is for sissies!" Wink
And you're also right about the prosecutor. That's where I come in! Smile
 
Posts: 280 | Registered: October 24, 2002Reply With QuoteReport This Post
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