My friend was arrested on Thurs July 26th for attempted assault 3rd (bar fight) and sat for 9 days without an arraignment or bail being set. They told him they hadn't had time to run a check on his record. Is this legal?
No. In NYS, 24 hours is the number the courts work with. It's not a hard and fast rule but after 24 hours, an attorney can take a writ to get the person out.
In light of the low level of the charge, there may be a legitimate lawsuit here!
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
This is an inordinate amount of time to be held for an arraignment. Generally it is 24 hours, but could be shorter or longer. I would reach out to your friends lawyer to investigate the facts and circumstances of the delay.
Under NY case law, the person arrested must be taken before a judge within 24 hours. I have handled many cases like this and consistently recover money for the person arrested. This could be a big case especially if there is no prior criminal history.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
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