Legal Question in Criminal Law in New York
10 months since arrest but not grand jury or trial
A search warrant was executed at my residence 10 months ago. At the time i had a roommate and and he was found in possession of some drugs. I was neither home at the time or had anything to do/knowledge of the drugs in my house. However since I OWN the residence and the drugs were found hidden in a common area of the house. I was also charged with a fel B & C. I was taken out of work and arrested and immediately asked for my lawyer. I retained a good lawyer in town and have been following his advice. I was released the next day on no bail and my EX roommate stayed foe 13 days. My life is currentlty on hold as i hold a college educated state certfied job. My case has never gone to grand jury yet as i haven't been contacted by the DA either I originally planned to fight and go to trial as i still do if need be. My lawyer put in for a dismissal in may but it apparently wasn't granted and ran out july 1. I believe another one is going to be placed or already has. Don't i have speedy trial rights or failure to indict clauses ?? what would you suggest i do sit and wait what are my option thankyou
4 Answers from Attorneys
Re: 10 months since arrest but not grand jury or trial
The motion to dismiss should have been granted, since the DA MUST bring the case to the grand jury and INDICT within 6 months of your arrest. Another motion to dismiss should be made, as the first may have been defective. For more info, please call JAMES KATS @ 347-451-7318, or email at [email protected].
Re: 10 months since arrest but not grand jury or trial//Reply
The first thing that you need to do is to talk to YOUR lawyer! They have "6 months" to indict you, BUT, if your lawyer either agreed to or asked for any delays, then that time does NOT count.
The only person who can answer that question is your lawyer - no one here on this service can do that regardless of what they tell you.
Good Luck,
Don Rehkopf
Re: 10 months since arrest but not grand jury or trial
Well, with a felony, (New York, right?) the prosecution has 6 months to present your case to a grand jury. Did you (or your lawyer at arraignment) assert your 190.50 right to testify before the grand jury? What exactly is the status of the case now? 10 months is a long time. do you have a new court date? otherwise, if 10 months and no grand jury action, the case has to be dismissed.
Re: 10 months since arrest but not grand jury or trial
Miss Paget is mostly on point. Unfortuntely, I'll bet that your attorney has waived your 30.30 rights, i.e. right to speedy trial, as he tries to negotiate a plea or dismissal/
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