Generally, with a felony charge, Criminal Attorney in Buffalo New York cannot bring motions until after the accused is indicted and then arraigned following the indictment.
The time-periods for a felony may be confusing for someone who is not familiar with the process. For instance, the accused is initially arraigned right after being arrested (oftentimes within 24 hours) and then he or she will be arraigned again following the indictment. What makes this process even more confusing to individuals who have never gone through the system is that the second arraignment will occur in a completely different courtroom. While the first arraignment is in city or town court, the arraignment following the indictment is in “superior court” which is either the Supreme Court or the County Court depending on where in New York State.
But getting back to the main point, generally, within the context of felony charges, Criminal lawyer in buffalo ny do not bring motions until after the second arraignment. In fact, a local court is not even able to dismiss a felony complaint under New York’s CPL 30.30, where the grand jury has not acted in over six-months (chargeable to the prosecution).
Now, one of the rare exceptions to the general rule regarding motions not being brought until after arraignment on the indictment, involves a motion under CPL 710.50(1)(b). Criminal lawyer in buffalo ny may bring a pre-indictment motion to suppress evidence. The court does, however, have discretion whether to entertain such a motion.
Again, if you find yourself going through the criminal process, it is very important to find a Criminal Defense Attorney in Buffalo New York