How long does theDA have to indict someone?

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How long does theDA have to indict someone?

My friend has been in jail for almost 45 days and he has yet to be indicted. I have heard of this 45 day rule and I want to know how it works.

Asked on December 19, 2010 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Was you friend arraigned?  Does he have an attorney that has been appointed on his behalf?  Are you saying that he has never been before the court and that a bail hearing has never been had?  There are civil practice rules that govern these matters which need to be addressed first here.  The time that the law allows to indict is something different and the 45 day rule I believe applies to motion practice after indictment.  Seek help fro your friend as soon as you can.  He should not be sitting that long in jail without seeing a judge.  Try legal aid.  Ot try a clinic in a law school or the pro bono section of the local bar association. Good luck.


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