Legal Question in Criminal Law in New York
being taken back to court
my husband is currently serving a sentence of 15 yrs to life in NYDOc, he has completed 15 yrs this week Doc is taking him to court to answer to a failure to appear in 93, burgarly, and asconding? Isn't their a statue of limitation?
2 Answers from Attorneys
Re: being taken back to court
If my research is correct, the fact that he failed to appear for a court hearing tolls the statue of limitations and therefore he must answer for his alleged actions.
He should get a good attorney since they had him in coustody all of this time they may be able to make an arguement for failure to prosecute.
Its no guarantee of a favorable outcome.
Joel R. Salinger, Esq.
Joel R. Salinger, Esq.
Re: being taken back to court
The prosecutor was under a duty to produce your husband in court (there are a few exceptions to this rule). Your husband should have a good criminal defense attorney to argue against this new case being allowed to go forward after such a delay. Please feel free to contact my office if we may be of any assistance.
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