QUESTION

What is the ten day rule?

Asked on Jul 04th, 2014 on Criminal Law - New Mexico
More details to this question:
My boyfriend was arrested for a third degree felony. He had video arraignment the next day and was told by the judge that he would see him in 10 days. The court appointed attorney filed for a continuance for the preliminary hearing. My boyfriend has now been in jail for 17 days as of today. Does this fall under the ten day rule?
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1 ANSWER

Ten Day rule simply put means that the State has ten days from arrest to get the case to the grand jury and indicted or he must be released. If he is in custody and indicted within the ten days then the state has complied. If someone is released because no grand jury/indictment. And is released, the state can still indict.
Answered on Jul 07th, 2014 at 10:51 AM

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