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
Joel Salinger Law Office of Joel R. Salinger

Re: 45 day period?

No, the 90 day period refers to speedy trial rights under CPL 30.30. you need to discuss this with your boy friends attorney or another attorney to determine how much time has actually run that would be charged to the People vs. how much time has been charged to your boy friend.

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Answered on 1/18/07, 2:57 pm


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