How long can the state of nj hold a person in jail before they seek an indictment for murder?

Asked about 5 years ago - Newark, NJ

my brother has been in jail for almost a year w/out any indictment. they charged him w/murder while he was protecting himself from an attacker in his apartment. How long can the nj hold him in jail w/out any type of indictment?

Attorney answers (1)

  1. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . There is no magic number that is held as being a deadline. Depending on the case and the legal arguments already advanced, discuss with the lawyer whether a Motion to Dismiss for Failure to Prosecute would be beneficial at this time. There are a variety of reasons why an indictment may not have been already sought, and the value of this Motion needs to be assessed against the current status of the investigation, lab submissions, etc. At the very least, it can be used as possible means to argue for a bail reduction. Good luck.

    DISCLAIMER While I do practice law in your State, this answer is provided solely for informational purposes only. If you call the firm, we would be privileged to try to answer your other questions. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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