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?

Asked 6 months ago - Buffalo, NY

charged with robbery and militant

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Marco Caviglia


    Contributor Level 19


    Lawyers agree

    Answered . 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... more
  3. Stephen Charles Cooper

    Contributor Level 17


    Lawyer agrees

    Answered . 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.

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