Legal Question in Criminal Law in New York

arraignment

my mother was arrested on 12/8/06 at 3:30pm on assault, however today is 12/10/06 and is still in the precint. who's responsibility is it to bring her to arraingement?


Asked on 12/10/06, 4:57 pm

2 Answers from Attorneys

Re: arraignment

The police have to get her arraigned within 24 hours. If she is not, a criminal defense attorney can file a writ to get her released pending arraignment. In addition, she may have a civil lawsuit against the police for failing to timely arraign her; I just took in 3 new cases for the exact same thing - each of my clients were held for 3 days before seeing a judge. Contact me if you want more information as a notice of claim must be filed within 90 days.

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Answered on 12/10/06, 5:06 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: arraignment

It is the police's responsibility, it has been interpreted that under the Constitution a person arrested has to be arraigned within 24 hours, unless there are extreme circumstances. Her being held this long is a MAJOR violation of that. I would be more than happy to assist you with this case.

I am a criminal defense attormey, as well as speciliazed in these types of issues.

Please feel free to contact me through email at the address below, or through the phone at 2127098303

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Answered on 12/10/06, 6:17 pm


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