Not quite sure of your question. The prosecutor can do a direct presentment to a grand jury and obtain an indictment prior to an arrest being made. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: email@example.com. This answer is only for informational purposes and is not meant as legal advice.
Mr. Schwartz is correct. I agree with his answer. The prosecutor probably did a direct presentation and that is why there was no arrest. Your husband's defense attorney is the person who would be able to confirm this.
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There is nothing improper about what you've described. Hire an experienced criminal defense attorney to represent you going forward.
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Yes---it's called a "direct presentment" indictment. They are arrested on the warrant that was issued after the indictment was voted. After the arrest, the rest should have been done.
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
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The indictment is the formal charge. The processing can be done later (i.e. fingerprinting, etc.) which was not done immediately since he is already in custody on unrelated charges.
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You can be charged with an indictment and arraigen without being arrested on a complaint. Normally, you are arrested and fingerprinted before arraignment on an indictment. I can only assume that in Glen Falls, you were arraigned before a local judge who had no authority to grant bail or fix bail. Its unusual.