Legal Question in Criminal Law in New Jersey
Statute of limitations
My brother was arrested on April 24, 2003 and remains in the Hudson County Correctional Facility. He was arraigned on April 25th. but has not been in court since. How long can they hold you before you go to court for an indictment of a Grand Jury? How long can they hold you in jail without going to court period?
2 Answers from Attorneys
Re: Statute of limitations
There are laws limiting how long after an alleged crime is committed a complaint may be filed against someone. So long as the complaint is filed with a court of competent jurisdiction within the stated time period the applicable statute of limitations is complied with.
The right to a speedy trial is separate from the applicable limitation upon the filing of a criminal charge. In New Jersey the right to a speedy trial requires that a defendant file a request for same with the court.
In New Jersey there is a shortage of judges who sit on criminal matters and as a consequence one can sit in jail for a number of months, sometimes more than a year, awaiting trial.
You should call me at 800 273 7933 to discuss your brother's situation, if are seeking legal representation for him. You can visit my web site by clicking on www.garymooreattorneyatlaw.com
Re: Statute of limitations
I will assume from your question that bail has been set and you (or your family) cannot raise the bail. In most cases, a 10% bail is set where you could post 10% of the bail amount.
Check on the bail first, you may be able to bail him out pending the grand jury and trial.
John M. Pinho
www.DaSilvaPinho.Com
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