When a person is arrested on a felony warrant, she has a right to a preliminary hearing. This hearing is to determine whether or not there is probable cause to believe a crime or crimes occurred and that the person accused is the person who committed the crime(s). It is not a trial, so the "guilt beyond a reasonable doubt" standard does not apply.
Generally, these hearings take place within a month or two of arrest, depending on the evidence required, the available court dates, etc. I have had some preliminary hearings not happen for many months, even a year, after arrest. While those cases are rare, it could be that there was D.N.A. evidence being tested that took a long time to come back from the lab, or for a myriad of other reasons. The solution is generally to demand that the court give the accused a bond, i.e. a chance to get out of jail pending the preliminary hearing and trial. After all, it's not my client's fault (or your wife's, if applicable) that the government is not able to timely prosecute its case!
It's up to your wife and her attorney to determine why the case has been removed from the docket and why so much delay has occurred. If it was done with the agreement of her attorney, I assume (and hope) he would have a good reason why to agree to such a delay, especially without a bond. Perhaps the attorney can ask the court for a bond for your wife, if the delay is going to be much longer.
The other remedy is to file a habeas corpus action. This is a civil lawsuit against the government claiming that a person (i.e. your wife) is being held illegally and indefinitely against her rights to due process. This is a complicated lawsuit to bring, and she will need a separate attorney for that.
The final issue I can let you know about is called "speedy trial
" rules. There are two types of speedy trial rules: constitutional and statutory. Again, the constitutional part is complex, and sometimes difficult to prove. She would bring this up as a defense in the felony trial court, assuming the cases ever get there.
As for the statutory version of speedy trial, the New York Code has a very strict speedy trial statute. You can read it here
. But, note there are many exceptions to the time limits, and it all depends on what your wife and/or her attorney have agreed to in terms of continuances or delay of the cases.
If you or she do not feel this attorney is handling the case properly, perhaps another attorney is in order? If you do not know other attorneys in your area, you could consult the New York State Bar attorney referral service
for help. They should be able to point you in the right direction.
I hope this information helps. If so, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee. Thank you for your consideration, and I wish you and you wife the very best with these cases.