Legal Question in Criminal Law in New York
omplaint vs indictment
How long after a person has been arrested on a complaint would the governement have to obtain an indictment
3 Answers from Attorneys
Re: omplaint vs indictment
If someone is being indicted that usually means they are being charged with a felony. In the case of a felony the prosecutor has six months to obtain an indictment and be ready for trial if the person was arrested on a felony complaint. There are a number of factors that can stop the clock and give the prosecutor more time (e.g., motion practice, consent adjournments, court adjournments, etc). If the person who is arrested is incarcerated due to bail being set then the prosecutor will usually present the case within five days, otherwise the person who was arrested may be released by the judge for the rest of the case. Please feel free to contact my office if we can be of any assistance in this matter.
Re: omplaint vs indictment
Times for indictment can vary between jurisdictions. Georgia may have a different Statute than NY. The Federal Government has a shorter statute. Without doing any research I believe they have 70 days from Arraignment.
Re: omplaint vs indictment
Six (6) months from the date of arraignment.
James Kats, Esq. WWW.LAWJSK.COM
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