How long does the court have to schedule the next court date after waiving a felony hearing at an arraignment? 4 Answers as of April 08, 2011

A friend was arrested in Buffalo, NY. At the arraignment, the defendant waived right to a felony hearing in city court, was sent (but not scheduled) to a new court (supreme). This was in mid-December and there has been no word. It has been 95 dats. Do the courts have a time limit here?

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Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
It depends. Your friend needs to consult his attorney.
Answer Applies to: New York
Replied: 5/9/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
If he is out of jail the DA can take a long time to indict the case and arraign him in Supreme Court. If he was in jail they would have 45 days to indict the case or he would be released pursuant to CPL 180.80. His attorney will notify him of the arraignment. He has a right to testify at the Grand Jury and he can discuss this with his attorney.
Answer Applies to: New York
Replied: 4/8/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Generally there is no time limit, but you may want to contact the court.
Answer Applies to: New York
Replied: 4/7/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
I suggest you have your friend inform his attorney to withdraw his waiver of felony exam and demand one right away. Follow up with a letter directly to the Judge presiding and demand his release from jail based upon the delay in time to date and advise them that he no longer wants to waive his right to a felony exam. Then ask that his case be scheduled immediately before a Judge and ask for his immediate release from jail once he gets before a Judge. Usually, the DA has 45 days within which to Indict him or release him from jail. Good luck.
Answer Applies to: New York
Replied: 4/7/2011
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