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How long after arrest do they have to indict on felony drug possesion charges

Middletown, NY |

MY FIANCE WAS ARRESTED ON WENDSAY AT 5PM AND WENT TO COURT ON MONDAY AND THE JUDGE SAID THEY HAD UNTIL TUESDAY TO INDICT OR THE CASE WILL BE DISMISSED

Attorney Answers 3


  1. They have until Tuesday to present or release. They still have up to 6 months to present the case or at that point it will be dismissed.

    Joseph A. Lo Piccolo, Esq.
    Hession Bekoff & Lo Piccolo, LLP
    President, Criminal Courts Bar Association of Nassau County
    1103 Stewart Avenue, Suite 200
    Garden City, NY 11530
    (O) 516-408-3666
    (F) 516-408-3833
    Jlopiccolo@hbclaw.net

    Sent from my Verizon Blackberry

    ----- Original Message -----


  2. If your fiancé is incarcerated they have 144 to indict or he gets released from jail - the case will NOT get dismissed. Whether he gets released or not The DA must be ready for trial within six months if they are not then the. Awe will get dismissed.


  3. They have 6 days or in your case (until Tuesday) to get an indictment on someone who is currently in jail and can't make bail. if no indictment is obtained, the person will be released from custody. The prosecutor still has six months to obtain an indictment before a motion to dismiss will be granted. [It can be longer as there may be time excludable from the 6 month calculation.] If an indictment is obtained the prosecutor may ask that bail be reinstated based on a "change of circumstances". If your fiance makes bail before the six days are up, then the Tuesday deadline will be irrelevant.

    Richard Southard
    212-385-8600
    I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years.

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

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