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My boyfriend has been in jail for 38 days if the D.A has nothing against him when we he be released? can he still be sentenced?

Buffalo, NY |

charged with robbery and militant

Attorney Answers 3

  1. This is about the 10th time you have asked this question. Have you called his lawyer yet? You still haven't told us what militant mean. You have been told that he should be released after 45 days assuming his lawyer didn't waive any time.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. Assuming he is being held on a felony charge, the State has 45 days to indict. That time limit could be extended by defendant and his attorney, but otherwise he will be released from custody at that time. The case will not be dismissed necessarily at that point because speedy trial has not ripened.

  3. He has (had) a right ot a preliminary hearing if he is held on a felony. His attorney knows what to do. Your boyfriend should contact his attorney and obtain his release since there is "nothing on him."

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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