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Can you be arraigned after an indictment without being arrested in the first place ?

Glens Falls, NY |

My husband was indicted for 1 count of burglary, 1 count of grand larceny and various misdemeanors and was arraigned after the indictment but was never formally charged. No arrest, no picture, no fingerprints, nothing! Just arraignment and bail was set.

Attorney Answers 6

Posted

Not quite sure of your question. The prosecutor can do a direct presentment to a grand jury and obtain an indictment prior to an arrest being made. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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Posted

My husband is in jail in a different county for a different charge and for another county they had a grand jury hearing, he was then brought to court for arraignment and bail was set. Can they legally do that without formally arresting him and offering him a preliminary hearing? I hope this explains better

Latrice Vinell Campbell

Latrice Vinell Campbell

Posted

YEs. They can legally do this. More than likely he was indicted on a cold case. Usually cases, such as burglaries, stay open and the police just need a dna match in order to indict. For more information contact your husband's defense attorney.

Posted

Mr. Schwartz is correct. I agree with his answer. The prosecutor probably did a direct presentation and that is why there was no arrest. Your husband's defense attorney is the person who would be able to confirm this.

Former Prosecutor and Family Court Law Clerk. I am available for phone consultations at (914) 368-2646. This answer is very general and is not intended to be specific legal advice and does not create any attorney/client relationship. Please consult an attorney with the specifics of your case to determine your best course of action in or out of court

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Posted

There is nothing improper about what you've described. Hire an experienced criminal defense attorney to represent you going forward.

It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>

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Posted

Isn't he supposed to be offered a preliminary hearing though? He wasn't offered anything. He went to court for arraignment and that was it. How can they legally stomp all over his rights like that. What happened to due processrr ? There is no dna and this isn't a cold case. It has been national news sense December. I just don't understand how this is legal.

Asker

Posted

Isn't he supposed to be offered a preliminary hearing though? He wasn't offered anything. He went to court for arraignment and that was it. How can they legally stomp all over his rights like that. What happened to due processrr ? There is no dna and this isn't a cold case. It has been national news sense December. I just don't understand how this is legal.

Posted

Yes---it's called a "direct presentment" indictment. They are arrested on the warrant that was issued after the indictment was voted. After the arrest, the rest should have been done.

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

The indictment is the formal charge. The processing can be done later (i.e. fingerprinting, etc.) which was not done immediately since he is already in custody on unrelated charges.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

You can be charged with an indictment and arraigen without being arrested on a complaint. Normally, you are arrested and fingerprinted before arraignment on an indictment. I can only assume that in Glen Falls, you were arraigned before a local judge who had no authority to grant bail or fix bail. Its unusual.

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