Legal Question in Criminal Law in New York

Re: Felony Preliminary Hearing

The answer depends on whether you are referring to a "Felony Exam" or any number of hearings designed to try to suppress or exclude certain evidence (such as statements, i.d., physical evidence). Even then, the answer depends on an number of factors (court policy, waivers, etc.). The simple answers are Felony Exam w/o any interuption is usually 6 days from the date of your arrest IF you are in custody. The remaining hearings are done on defense (usually written)motion and do NOT have to be conducted. I suggest you speak to any attorney. Anyone who practices criminal law will be able to answer your question with just a bit more information.

Re: Felony Preliminary Hearing

The issue is, Is there reasonable cause to believe the defendant committed the charged crime.

Five days from arraignment the hearing must be held or defendant released (unless he/she is indicted by a grand jury --- in which case there's no need for a preliminary hearing.

James Kats, Esq. www.lawjsk.com