What can I do if there was missing court paperwork? 3 Answers as of May 04, 2011

How long does a court have to arraign a person charged of a crime? I showed up to court for arraignment as my apperance ticket stipulated and the court informed me they had no paper work regarding my case. Is there a time limit the court has to arraign me on the charges I was arrested for?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Generally if you are given a Desk Appearance ticket, they will arraing you at the court date. If you are in custody then they have approximately 5 days to get an indictment or they must release you. Since the paperwork is misplaced then they can have a reasonable time ( I know of no exact deadline in this case ) to either locate the original paperwork or have the prosecutor prepare new paperwork and have you arranged on that. You should hire an attorney.
Answer Applies to: New York
Replied: 5/4/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You must be arraigned within a few days, but you were not in custody so the court can arraign you a month later or more. Manhattan often takes 36 hours to arraign a new arrest. Buffalo almost always arraigns within 12 hours. Some small towns don't have a judge available on weekends so you will sit in jail until Monday morning. Retain an attorney so that you get the best results in your case.
Answer Applies to: New York
Replied: 5/3/2011
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
Assuming you were arrested on a misdemeanor, the DA has 90 days to be ready for trial and the clock began to tick when you showed up for arraignment on the DAT.
Answer Applies to: New York
Replied: 5/3/2011
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