Skip to main content

How long after indictment?

Utica, NY |
Filed under: Criminal defense

After the indictment how long does it take for the arraignment. Can the prosecutor claim rediness for trial between that period or must he wait for the arraignment.

Attorney Answers 4

Posted

The prosecutor usually files a statement of readiness when the file the indictment with the court. It can take several weeks from when the indictment is filed until a superior court arraignment is calendared.
---------------------------------------- This email was sent by: Avvo, Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.avvo.com/?qs=55f1ae398dabdcd57640b749bca8dd562c913bbee4e87a76321b867962e21ebf096ea36094cfd6fb ) ----------------------------------------

Mark as helpful

4 lawyers agree

3 comments

Asker

Posted

So they have to wait till arraignment before they can say rediness.

Asker

Posted

People vs England courts decision to dismiss due to 30.30 defendant was not arraigned when readiness was announce with the indictment. So one must be arrained before a rediness for trial can be submitted.

Benjamin J Lieberman

Benjamin J Lieberman

Posted

I would encourage you to retread the decision in England. The calendaring of an arraignment is a court function which is generally excludable time. You will note that in England it was a couple of weeks from when the indictment was filed until the arraignment was scheduled (much the same way attorneys have now answered you the norm is). The problem in England was that the DA waited until the speedy trial time essentially expired before filing the indictment and statement of readiness, making it impossible to have had the defendant arraigned within the six months allowed. 

Posted

It usually takes about 2-4 weeks. Yes the prosecutor can claim readiness during this period by properly serving and filing a statement of readiness.

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

Mark as helpful

4 lawyers agree

Posted

Usually a few weeks. The DA can serve and file a statement of readiness when the indictment is filed with the Court.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

Mark as helpful

4 lawyers agree

Posted

It can take 2-3 weeks in most places.
They can claim readiness upon the filing of the indictment as they are not responsible for when the arraignment occurs.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
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.

Mark as helpful

4 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics