How long do the courts have to indict someone?

My brother has been in jail for 45 days and the court hasn’t indicted him yet.

Asked on August 15, 2012 under Criminal Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as your brother has not been formally charged with a crime by way of an indictment by the grand jury or a criminal complaint, there is no stated time period for an indictment or the filing of a criminal complaint. What your brother needs is to consult with a criminal defense attorney about the possible filing of a "writ of habeas corpus" to free him from jail.

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