An individual was arrested on multiple charges some are misdemeanors. The bulk are fluffed up felony charges. They have gone to court for the misdemeanors but they are being held in jail because the DA claims they have indicted the case but the attorney he has still says they don't know what he was indicted on. He has not been arraigned yet. It has been over a month.
The DA does not have the power to hold someone in jail. If he has not been arrested or formally charged with the additional charges (the "indictment), it cannot hold him. He probably is either being held on bail on the original charges or pled guilty to something.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
I don't think you have all the information. A person can't be held in jail without being charged. A person can be held by the police for 72 hours before seeing a judge and being arraigned, but other than that a person in jail will know the charges. You mention an attorney so that should be the person you speak with
The person being held in lieu of bail on the misdemeanor charges but you need to speak with the person's lawyer for a definitive answer.
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My answer should not be taken as legal advice because it sounds like your "person" has a lawyer, but generally speaking, the short answer is 45 days. A defendant has a constitutional right to an Indictment, and the DA must act quickly to bring charges to a grand jury absent compelling circumstances. Once an incarcerated defendant is "bound over" to the grand jury, it must make a determination on the felony charges against the defendant within 45 days of the preliminary hearing, if not waived. If the grand jury does not vote a bill within 45 days (if the DA is not successful in obtaining an indictment on any felony), then the defendant (through counsel) may file an order to show cause to be released from jail. There are some exceptions to this general rule: notably if the defendant has consented to a grand jury delay or if the DA can demonstrate "compelling fact or circumstance which precluded grand jury action). But other than that, it should be a fairly expeditious application and the County Criminal Court Judge (or Supreme Court judge, depending on if you are downstate or upstate) should act quickly to exercise jurisdiction to hear the application. If the DA opposes release, there may be a habeas corpus proceeding brought. (Note: The clock starts from the prelim - not from when the defendant was arrested; best practice is for a defense attorney to call the DA to confirm that they agree upon the calendar - because the DA is familiar with the statute, many will simply consent to the release). A side note: annoyingly, often times the defendant and defense counsel first learn of the felonies indicted only upon arraignment in superior court, as the standard for a preliminary felony hearing is a mere showing of "any" felony not the one that will be subsequently indicted. Hope that helps.
My answer here does not constitute legal advice. This is free. Legal advice you have to pay for.
The indictment must be reported out to County Court and then the Court will schedule a date for arraignment on the indictment.
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