Legal Question in Criminal Law in New York
time limit for indictment
I have been arested and arigned for felony possesion of Marijuanna. I have not been indicted. I have made a couple of apearances and the charges have been getting lowered each time. But the last appearance has been delayed month after month. Since there was no indictment for over 6 months. Is there a time limit that runs out on the indictment? Such as 90 days and if they don't get one then I walk?
3 Answers from Attorneys
Re: time limit for indictment
You are thinking of your speedy trial rights under Criminal Procedure Law Section 30.30. The prosecution has 180 days within which to be ready for trial, that is, get an indictment and announce their readiness for trial. There are periods of time that can be excluded from this calculation. You are welcome to call and discuss further.
Re: time limit for indictment
The prosecution must be ready for trial within 6 months of arraignment on a felony. In some cases this translates to 180 days and in other cases its 184 days; it depends on when you were arrested. If your lawyer requests an adjournment or consents to an ajournment, the time is excluded from the 6 months. When the case gets reduced to a misdemeanor, the prosecution gets either what is left of the 6 month period or 90 days whichever is shorter. You should ask your lawyer where you stand on your speedy trial rights. If you do not have a lawyer and are interested in retaining one, please feel to email me.
Re: time limit for indictment
There are time limits for the D.A. to take action.Your attorney should be aware of these limits ,if not you may contact my office @718-834-0087 and I will be happy to discuss your situation further.
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