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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26006
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I went to jail and was released beacause i wasnt arraigned

Customer Question

I went to jail and was released beacause i wasnt arraigned before 72 hours. Now i have to be at court a couple weeks after i was released can they arrest me at court and can they still press charges?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Your case doesn't get dismissed if you are not arraigned within 72 hours. You are only entitled to release. The purpose of setting bail is to ensure you make your court date. If you show up on your assigned date and are there when your case is called, even if the DA asks for bail there would be no reason for the judge to grant it. But yes, your case is still open and it will still go forward.

The fact that the state couldn't meet the 72 hour deadline may or may not mean that there's any weakness in the state's case against you. If there is, you'll learn of it once the discovery starts coming in and can address it during the course of the case.

Good luck and happy holidays to you!