QUESTION
Do you have to be released after 72 hours after being taken in for Obstruction of Justice?
Asked on Jun 24th, 2011 on Criminal Law - New York
More details to this question:
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?
1 ANSWER
Criminal Defense Attorney serving Montrose, NY
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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.
Answered on Jun 30th, 2011 at 11:28 AM