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  #1  
Old 11-10-2009, 06:18 AM
Tammy1 Tammy1 is offline
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Default How long without indictment???

My husband was arrested on September 22nd. He had his preliminary hearing a few days later where he was officially charged. Since then NOTHING has happened. I am wondering how long he can be held in the county jail without formally being indicted? The lawyer keeps telling us it is going to happen soon. Soon When??? He has been there over a month now and no clue what is going to happen. His lawyer tells us he is working on a favorable deal with the D.A. but won't say what exactly the deal entails or when we will have another court date.

My question is how long can they hold him? Is there something "legal" which states how long he can be held in the county jail without formally being indicted? Everything is just in limbo right now and that is harder to deal with. At least once he is sentenced, everyone can move forward. So if you happen to know how long they can hold him if there is a law, that would be helpful. Thanks.
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  #2  
Old 11-10-2009, 09:10 AM
Gryphon Gryphon is offline
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He needs to call or write to his lawyer and ask what his predictions are regarding the proposed plea bargain. He needs to ask if there is a time frame that the lawyer anticipates as the case is negotiated.
If the lawyer doesn't reply, then he can send the same letter to you, and you re-mail it as certified or registered. (The answer could be "I don't know" followed by an explanation for why things aer uup in the air.
If there's still no answer, do it a gain, and this time cc the letter you just wrote to the State Bar asking for assistance in getting the lawyer to contact his client.
There's more if you need to go there.

Aging a case is a pretty standard defense tactic. A DA who's being unreasonable today can sometimes be worked with tomorrow. A good lawyer takes advantage of every settlement opportunity, and some cases settle fast while others are more of a settlement campaign. (I recently did a major case that had a 2-3 year full-scale battle plan to get teh case settled.) Other cases become more important, or there's an undesirable hard work v. available punishment ratio. A defendant who's done a lot of local jail time can be a case that's easier to settle. There's lots of reasons. The case may be in a better position stalled for a bit than pluging ahead towards trial. Uncertainty is better than doing extra time he didn't have to do. There are many situations where a defendant and the family of the defendant have to simply live with uncertainty for a prolonged period of time.

The answer to your question is yes, there will be a time limit. It is no doubt statutory (and I don't know the answer unless it is a CA case.) The answer will be specific to your jurisdiction (NY?). There are also federal due process protections in addition to the state protections, but the state protections usually have more rights than teh federal protections. HOWEVER, there is likley a way to waive time limits, and that might have happened if the lawyers are talking about settlement.




Quote:
Originally Posted by Tammy1 View Post
My husband was arrested on September 22nd. He had his preliminary hearing a few days later where he was officially charged. Since then NOTHING has happened. I am wondering how long he can be held in the county jail without formally being indicted? The lawyer keeps telling us it is going to happen soon. Soon When??? He has been there over a month now and no clue what is going to happen. His lawyer tells us he is working on a favorable deal with the D.A. but won't say what exactly the deal entails or when we will have another court date.

My question is how long can they hold him? Is there something "legal" which states how long he can be held in the county jail without formally being indicted? Everything is just in limbo right now and that is harder to deal with. At least once he is sentenced, everyone can move forward. So if you happen to know how long they can hold him if there is a law, that would be helpful. Thanks.
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  #3  
Old 11-15-2009, 03:55 PM
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WaitingOnEddie WaitingOnEddie is offline
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Most states are under the 60-90 day indictment laws. If an indictment is not handed down in that time, the person must be released....BUT... that does NOT mean they cannot hand down an indictment and rearrest after that time period. Depending on the crime, there is usually a statue of limitations (except for murder and rape in some states)...so let's say he is charged with breaking and entering and the statue of limitations is 3 years....they can only hold him in jail for a certain of number of days without an indictment...but they could hand down an indictment for up to 3 years after supposed crime happened.

Good luck! Oh...and if he has a court appointed attorney that works in an office for public defenders, then you could call and ask for his case to be reassigned or take it up in front of a judge as well.
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Old 11-15-2009, 06:35 PM
MovingOn2Day MovingOn2Day is offline
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I don't know the legal answer but can share my experience hun. My husband was arrested on July 1 and is still incarcerated and has not been indicted.

No hearing for probable cause, no bond reduction hearings (even though the lawyer said he has, the court has no record of those hearings), no preliminary hearing, no investigating my husbands alibis, no nothin'. I pretty much think they can do whatever they want to and screw us.
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Old 01-14-2010, 03:24 PM
curts angeleyes curts angeleyes is offline
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i heard missouri has a ruling that says you must be indicted within 10 days of arrest to be held responsible for the crime does anyone know? please help im in need! any help would be apreciated!
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Old 01-14-2010, 04:43 PM
robby340 robby340 is offline
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Quote:
Originally Posted by curts angeleyes View Post
i heard missouri has a ruling that says you must be indicted within 10 days of arrest to be held responsible for the crime does anyone know? please help im in need! any help would be apreciated!
Wrong. They have until the statute of limitations expire to charge somebody with a crime. What you are thinking about is the amount of time to hold somebody without charges. If you are arrested then the state has only a certain amount of time to bring you to trial on those charges (be it grand jury, or by the district attorney) before they have to release you. The charges can always be brought back until the statute expires.
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Old 01-14-2010, 05:21 PM
mex99b1084 mex99b1084 is offline
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Default Habeas Corpus

In new york state they are under a 45 restriction to have an incarcerated arrested person indicted. if the person is bailed out then im pretty sure the time limit is extended to 6 months. they can and usually do file for an extension, but by no means is it indefinite. if it has been over the 45 days have your lawyer or you can file a writ of Habeas Corpus. which is under federal law and is in every state. good luck and i hope this helps.



Quote:
Originally Posted by Tammy1 View Post
My husband was arrested on September 22nd. He had his preliminary hearing a few days later where he was officially charged. Since then NOTHING has happened. I am wondering how long he can be held in the county jail without formally being indicted? The lawyer keeps telling us it is going to happen soon. Soon When??? He has been there over a month now and no clue what is going to happen. His lawyer tells us he is working on a favorable deal with the D.A. but won't say what exactly the deal entails or when we will have another court date.

My question is how long can they hold him? Is there something "legal" which states how long he can be held in the county jail without formally being indicted? Everything is just in limbo right now and that is harder to deal with. At least once he is sentenced, everyone can move forward. So if you happen to know how long they can hold him if there is a law, that would be helpful. Thanks.
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