How quickly must someone be charged in New York? 3 Answers as of April 26, 2011

Someone I know was arrested on Friday morning for a felony and she wasnt given a chance to go in front of the judge. How is that possible?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It is usually the case that you get arraigned on the charge ( plead not guilty and given a copy of the charges ) the same business day if it is in the morning or the next business day if later in the day. However they generally must release you within 5 days if they have not obtained an indictment against you and you have not been Released on your own recognizance or out on bail. You should hire an attorney.
Answer Applies to: New York
Replied: 4/26/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Many times a person will have an administrative problem that holds them back from getting in front of a Judge quickly. But they will eventually get them into court and charge them with the crime and then they will need an attorney to represent them, so consult with an attorney as soon as possible and hire them so when she shows up in court there will be a good lawyer standing next to her. Good luck.
Answer Applies to: New York
Replied: 4/25/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
She may have been given a DAT or "Desk Appearance Ticket". This is a paper that tells you where and when to appear for arraignment. In New York City it can take 36 hours to get in front of a judge because the police just don't care if you sit in jail and they don't get the paperwork done in time to appear within a reasonable period of time. They have to talk to the DA, mug and print the person, and transport them to court. The DA often tries to get a confession and the CJA has to interview the defendant to make a recommendation on bail based on the person's criminal record. The police have to get your NYSIS computer record and check for warrants and possibly get a supporting deposition from a witness. This all takes time, but in other cities it is easily done within 12 hours. It may be the number of arrests, especially on weekends, or it may be that the police have to go off shift and then return to finish th paperwork on their arrests. If you retain a god lawyer he can speed up the process.
Answer Applies to: New York
Replied: 4/25/2011
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