Legal Question in Criminal Law in New York

indictment and liability

if a defendant was arrested aprox 8 mos. ago on sodomy 3 charges and the district attorney has not taken any action in this case eg. grand jury, against a law enforcement officer what are the liabiaties on behalf of the da--name removed--office


Asked on 2/10/03, 1:03 pm

1 Answer from Attorneys

Rod Kovel Rod Kovel, Attorney at Law

Re: indictment and liability

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

You have not provided sufficient information. The answer depends on whether there has been any progress in the case, whether delays have been requested by either side, what state the defendant is charged in, and perhaps whether he is out on bail or not.

Ordinarily, DA's in New York State must bring a case to trial within some amount of time under the Speedy Trial laws, but often the defendant or his lawyer will ask for delays to prepare, due to conflicting schedules, and so forth, which usually extends the DA's deadline to bring the case to trial. It is rare for a case to get dismissed because the trial did not start on time.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900

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Answered on 2/11/03, 8:12 am


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