“I was arrested yesterday in the City of Buffalo and arraigned today on a felony complaint. How long do I have to sit here in jail before I am indicted under CPL 180.80?

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New York’s CPL 180.80 provides the accused with a final chance to gain release where he or she was unable to make bail following arrest on a felony complaint. If the prosecution fails to obtain an indictment within 120 hours of arrest, or 144 hours if there is intervening Saturday, Sunday, or holiday, the accused must be released on his own recognizance unless there are certain statutorily defined reasons for the delay.

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It is important to consider that time spent in pre-arraignment custody does count toward these limits, and these limits are in hours, not days. As a result, time runs out during the last court session that precedes the expiration of the hourly limit. The failure to meet this deadline requires the accused be released on his or her own recognizance.

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.

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