QUESTION
How long does the court have to schedule the next court date after waiving a felony hearing at an arraignment?
Asked on Apr 02nd, 2011 on Criminal Law - New York
More details to this question:
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?
2 ANSWERS
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
It depends. Your friend needs to consult his attorney.
Answered on Mar 19th, 2017 at 5:52 AM
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.
Answered on Apr 07th, 2011 at 10:38 AM