Do you have to be released after 72 hours after being taken in for Obstruction of Justice? 3 Answers as of July 05, 2011

My son was taken in for Obstruction of Justice. He will not comply to anything and they can not book him. I just want to know if they have to release him after 72 hours?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, I would need further details to answer and I do not know what you mean when you say they can not book him. Do you mean indict him for a felony? I think not because the charge is probably a misdemeanor unless there are other factors that would make it a felony. You should hire an attorney.
Answer Applies to: New York
Replied: 7/5/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
The 72 hours relates to felonies which have to be indicted in 72 hours or the person must be released pursuant to CPL 180.80. Obstruction is a misdemeanor. The prosecutor must arraign him within 24 hours, but if he does not cooperate with the booking procedures it may take longer. An attorney can ask the court to release him if he is not arraigned. The police cannot do the paperwork and the CJA agency cannot do the interview unless he talks to the police and CJA which prepares the report on bail recommendations and verifies the pedigree information.
Answer Applies to: New York
Replied: 6/30/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
One has to be arraigned before a judge "without delay" (i.e. less than 24 hours). A sworn statement against the defendant must then be filed within five days. If either of these does not take place, then the defendant must be released. That is assuming that there is no other basis to hold the defendant in custody.
Answer Applies to: New York
Replied: 6/30/2011
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