Legal Question in Criminal Law in New York

indictment

how long after a suspect in arraigned in nys does an indictment have to be handed down?


Asked on 9/20/07, 5:49 pm

2 Answers from Attorneys

Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: indictment

With the exception of certain circumstance the normal amount of time is six months.

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Answered on 9/20/07, 6:57 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: indictment

It is supposed to happen within 6 months of Arraignment, however attorneys can waive the clients right on his behalf, or the client can waive it on the record or even by his own action or inaction (ie by not hiring an attorney after it has been determined he wants one and doesn't qualify for assigned counsel) it depends on what has been said in court on the record.

Finally an incarcerated defendant has a right to either be indicted, or have a preliminary hearing (also known as a felony exam in certain parts of the state)within 5 days of arrest, this too can be waived. If not indicted and not given an exam, he should be released though he can be indicted and even rejailed later at the arraignment on the indictment.

Good Luck.

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Answered on 9/22/07, 12:02 am


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