Legal Question in Criminal Law in New York

my husband

how long can they adjourn a case in a supreme court? how long can they hold the inmate? if the inmate crime is a felony c what are the chances of him being release if they can't find any evidence against the defendant? if the defendant has a long rap sheet what are the possblities of him coming home? the defendant is currently on parole and just serve 12 years and got caught with a loaded gun. He's been in jail for 8 months now? he has a bail condition also. his current convictions with the 12 years are robbery, and grand theft. how could i help my husband and can't get in contact with his lawyer either. i need for you to answer all of the questions i just ask so i could get a better understanding on my husband case.


Asked on 10/09/07, 8:33 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: my husband

Ok wow, here goes:

1. How long can they adjourn a case in a supreme court?

Adjourments can go on and on depending on the complexities of the case and the schedule of the court and the lawyer. Generally Felony cases come to an end within a year or so of arrest.

2. How long can they hold the inmate?

Till the trial and if convicted till the end of the sentence. I do not think this is the answer you want, but you did not ask the question correctly, so I am limited in my response by the question you asked.

3. if the inmate crime is a felony c what are the chances of him being release if they can't find any evidence against the defendant?

If there is no evidence, how and why did they arrest him to begin with? There is usually enough evidence to get past the issue of whether he should be held. IF there has been a Grand Jury Indictment then the issue of evidence of a crime is moot. If there hasn't been an indictment your husband should advise his lawyer to ask for a felony exam or waive his case to the grand Jury. If there is not enough proof, they will likely spring him there and then. Remember however that they only need to present proof that a crime was committed not that the crime he is charged with was committed. In other words, if there is a felony hearing, they only have to show a crime happened, to hold him they do not have to prove up the whole case.

4. If the defendant has a long rap sheet what are the possblities of him coming home?

Not great. If he is convicted of any felony, and has a prior felony, he must do upstate (or Prison time.)

5. The defendant is currently on parole and just serve 12 years and got caught with a loaded gun. He's been in jail for 8 months now? he has a bail condition also. his current convictions with the 12 years are robbery, and grand theft.

What is the question?

6. How could i help my husband and can't get in contact with his lawyer either.

Hire a lawyer for him.

Good luck

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Answered on 10/10/07, 4:43 pm


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