Legal Question in Criminal Law in New York

Inditement

A man arrested on 8/03 charges were Reckless endangerment,criminal position of a gun,trespassing & burglary.He is a felon with a record for JO-assault 1st C class & ATT JO-Murder 2nd B class both charges from 1 case happening 4yrs ago.The burglary & trespassing were charges given due to where the man was found,he knew the man who yard that the police found him in & he is willing to drop the charges.He has been in custody since the arrest,because this all happened in Albany NY & he is from queens NY.A legal-aid was given to him,On his first court date a plea bargain of 5yrs flat was offered & he refused.Scheduled court dates have came but have been postponed because of the Aid not wanting to present this case during election time.Is that possible for him to be in jail going on 4 months not being indited or not hearing anything about his case?There is no new court date scheduled,& the legal aid can�t been contacted hes never in the office.I read in a book that when being held in custody with no bail the system has 46 days to indite the person or the charges can end up being reduced or even dropped.Does any of that apply to his case?What can we do?Could this also be considered bad representation because the Aid�s not doing his job


Asked on 11/20/03, 2:48 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Inditement

This is a very serious situation.

Let me recount the facts to make sure I am getting them correctly - your friend was arrested in august and is still in jail without having been charged with a crime?

If this is accurate, please contact me immediately to arrange to get him out (habeas corpus may be the correct motion).

After that, we can get the charges droped for lack of 'speedy trial' and then work to sue Legal Aid for malpractice.

Again, this is a very serious situation. Your friend is fortunate to have your assistence. I am available to help.

My offices are at 42 west 44th st., NY,NY. Please call me. (646) 591-5786

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Answered on 11/20/03, 9:48 pm


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