Under New York’s CPL 180.80, the Prosecution must file an indictment, or a written certification that an indictment has been voted by the grand jury, within 120 hours from the arrest, or 144 hours if Saturday, Sunday, or a holiday falls within that time. The time spent in pre-arraignment custody does count toward these limits and the limits are in hours k not days.
If the accused is held without bail, after criminal charges are filed, this is generally the last opportunity for your Criminal Lawyer in Buffalo New York to get you released. If, upon application by your Criminal attorney in buffalo new york, the prosecution fails to indict on the criminal charges within 120 hours, the accused must be released. However, critically, the criminal case is not dismissed.
Criminal Defense Lawyer in Buffalo New York may maximize the effectiveness of a 180.80 application by serving notice to the prosecution that the accused intends to exercise his or her rights to testify before the grand jury under New York’s Criminal Procedure Law 190.50. If the accused is still in custody, based on the underlying criminal charges, the prosecutor will need to move very quickly to indict within the timeline under 180.80. By providing the prosecution with written notice the accused intends to testify under CPL 190.50, criminal attorneys buffalo ny essentially creates an additional burden for the prosecution. Not only must the prosecution indict within the time-limits, but he or she must also provide the accused with adequate notice, so the accused is not deprived of his or her right to testify at the grand jury.
If the prosecution fails to indict the criminal case within the 180.80 time-limits, the court should not excuse the violation of the rights of defendant based on the prosecutor’s argument that he or she could not notify the defendant in time. Furthermore, if the Prosecution does indict, in a dwi criminal case for example, within the time-limits under 180.80, but fails to notify defense counsel or provide sufficient time to preserve the defendant’s right to testify at the grand jury, then Criminal Defense Lawyers in Buffalo New York may move to dismiss the indictment. Following a dismissal of the indictment, the defendant should be released from custody under 180.80.