Does 45 day indictment rule apply if your on parole?
2 attorney answers
The 45 day protection (CPL 190.80) applies but he may not receive the benefit if he is being held on a parole violation. Also, he may not want to make an application for release if he is going to be held on the parole violation because he will not receive any credit for the time he is serving towards the charge he is released on. These matters can be very complicated and calculating what is in his best interest requires additional information. I strongly recommend you speak with an experienced criminal defense lawyer to discuss the specifics of his case. I do not charge for a consultation and I can be reached at 315-424-8326.
Parole has nothing to do with the rule you are citing. However, enforcement of the rule may be moot if he is otherwise being held on a parole hold.
Answers to questions on this site are offered for informational purposes only and shall not constitute legal advice, nor establish an attorney-client relationship. I have been engaged in criminal law for over 20 years and have a state-wide criminal practice in New York.