Legal Question in Criminal Law in New York

45 day period?

My boyfriend has been in jail for 6 months and a few weeks on bogus charges and has not been indicted or anything like that. My real question is, I keep reading the 45 day period thing and I'm trying to find out what that means. The last time my boyfriend's lawyer submitted new evidence supporting that he did not commit the crimes was on December 5th. Nothing else new has been submitted, not even from the DA as far as I know. Does the 45 day period act like the 90 day period where, nothing else new has been submitted such as an affidvait or whatever, shouldnt my boyfriend be out of jail by now?


Asked on 1/18/07, 2:37 pm

1 Answer from Attorneys
James Kats James S. Kats, Esq.

Re: 45 day period?

If your boyfriend was not indicted within 5 days of his arrest, then his lawyer must have WAIVED the statutory time period (OR he is charged with a misdemeanor and his bail is higher than he can post, which is very unlikely -- rarely would someone be held for 6 months on a misdemeanor).

JAMES S. KATS www.lawjsk.com

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Answered on 1/18/07, 10:17 pm


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