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How long can aperson be held in jail with out being indited on the charges they are being chafed with

Spring Valley, NY |

They have been in jail for 6 days and have not had a prelemanary hearing

Attorney Answers 2

  1. The DA needs to indict or hold a preliminary hearing on a felony matter within 120 or 144 hours if a weekend comes into play. Misdemeanors can be held longer if the accusatory is sufficient, but reasonable must be set. I presume you are referring to the felony. If the defendant or his attorney waived the preliminary hearing or indictment then he/she could be held until disposition but the attorney can request reasonable bail. If the person has the appearance of two or more felonies then only a county court Judge can set bail. Hope this information helps and feel free to call if you have any specific questions resulting here from.

    Yvonne Garbett
    3 Eberling Drive
    New City, NY 10956

  2. There are too many possibilities. It can be a long time if negotiations are ongoing!

    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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