Is there a limit on the time in which you must be arraigned if arrested for a felony?

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Is there a limit on the time in which you must be arraigned if arrested for a felony?

My husband was arrested for a DUI. He has been told that because it was a felony he had to be arraigned within 72 hours. Is this true? Should he speak with a DUI attorney? In Ulster County, NY.

Asked on November 30, 2010 under Criminal Law, New York

Answers:

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

Answered 10 years ago | Contributor

Here is the scoop: 

Yes, I would speak with an attorney in your area as soon as you can. Generally speaking, in New York, all defendants - whether they are arrested for a felony or a misdemeanor - must be arraigned in criminal court with 24 hours of their arrest. There are some very limited exceptions to this rule, most of which have to do with a defendant waiving his or her right to an arraignment in writing in order to sit in line-ups or make confessions.  I do not know who told you that it had to be within 72 hours and I am fearful that your husband may be sitting in jail for an unreasonable amount of time.  Get help.  


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