Skip to main content

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

Spring Valley, NY |
Filed under: Felony crime

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

Attorney Answers 2


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

Mark as helpful

1 lawyer agrees


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.

Mark as helpful

Criminal defense topics

Recommended articles about Criminal defense

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