What provision in the law allows for the sealing of indictments until the arrest of the defendant?
My understanding is that it comes from CCP 20.22 and only applies if the Defendant is not in custody or under bond at the time of the presentment of the indictment.
And you won't find much in the way of an explanation on how it is supposed to happen. You have to work out the details with your clerk's office. We found that it is more trouble than it is worth.
If we think we want an anonymous warrant, we just do a complaint and get a warrant and give it to the arresting agency and don't make a TCIC entry. Then, when the defendant is arrested, we seek an indictment.
This can be a problem if the statute of limitations is an issue, as the issuance of a warrant does not toll that period.
This was my question for Peter earlier today. Thanks for the help guys.
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