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Is there a time limit from the time of the crime when a person gets indicted do they have a certian amount of time to indicte?

Dunkirk, NY |
Attorney answers 3

Posted

There is a five year statute of limitations for a felony and three years for a misdemeanor. Once arrested, the people have 45 days to obtain an indictment or else free the defendant. However the case need not be dismissed until speedy trial time has run-183 days.

Posted

The question is not clear but the prosecution must be ready for trial within 180 days after a person first appears in court. Under section 180.80, an indictment must be obtained within 144 hours or a person being held is released without bail. There are exceptions to both statutes based on the fact that certain periods of time are excludable. More facts are necessary to accurately answer the question.

This answer is only for informational purposes and is not meant as legal advice.

Posted

Generally, 5 years for felonies. There are exceptions for homicide and crimes against children.

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

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.