They have until Tuesday to present or release. They still have up to 6 months to present the case or at that point it will be dismissed.
Joseph A. Lo Piccolo, Esq.
Hession Bekoff & Lo Piccolo, LLP
President, Criminal Courts Bar Association of Nassau County
1103 Stewart Avenue, Suite 200
Garden City, NY 11530
If your fiancé is incarcerated they have 144 to indict or he gets released from jail - the case will NOT get dismissed. Whether he gets released or not The DA must be ready for trial within six months if they are not then the. Awe will get dismissed.
They have 6 days or in your case (until Tuesday) to get an indictment on someone who is currently in jail and can't make bail. if no indictment is obtained, the person will be released from custody. The prosecutor still has six months to obtain an indictment before a motion to dismiss will be granted. [It can be longer as there may be time excludable from the 6 month calculation.] If an indictment is obtained the prosecutor may ask that bail be reinstated based on a "change of circumstances". If your fiance makes bail before the six days are up, then the Tuesday deadline will be irrelevant.
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years.
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