“I was arrested in Buffalo and arraigned yesterday on a felony complaint. I know I can get out of jail if the district attorney does not indict me within 120 hours under CPL 180.80, but is there any way my attorney could find out if the district attorney is close to indicting me?

Criminal Lawyers Buffalo NY
Criminal Defense Attorney Buffalo NY

Under New York’s Criminal Procedure Law 190.50, a defense attorney can serve notice at arraignment that the defendant wishes to exercise his or her rights to testify before the grand jury pursuant to CPl 190.50. Now, if you paid any attention to the question, one may wonder how this relates to what stage the prosecution is at in the indictment process. Keep that thought in mind.

After serving the prosecution with the notice, defense counsel should follow up with a phone call to the prosecutor inquiring about when the client’s appearance before the grand jury is scheduled. For the best practice, written or faxed confirmation of any conversation is very good as it provides a record of communications with the State.

So what is the point of this? By providing the prosecution with the notice that the accused intends to testify, the prosecution must notify him of the date the grand jury is held. In other words, defense counsel will be able to determine whether the prosecution will be able to secure an indictment in time before the 120 hours elapse

Criminal Lawyers Buffalo NY
Criminal Defense Attorney Buffalo NY

Clearly, the law is quite complicated. Please be advised, this is not legal advice. For a free consultation, contact a criminal attorney buffalo ny or criminal lawyer buffalo ny today.

Contact Andrew Tabashneck today.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s