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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32339
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My nephew has been in county jail months tomorrow without

Customer Question

My nephew has been in county jail for 6 months tomorrow without having been indicted on the charges. I've heard that charged must be dismissed if the person is not indicted in 6 months of being charged with a felony. Is that true?
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Anything else I can tell the Criminal Lawyer before I connect you two?
Customer: no
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Submitted: 7 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 7 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. What state is this in?
Customer: replied 7 months ago.
Bergen County new jersey
Expert:  Dwayne B. replied 7 months ago.
Unfortunately, NJ does not have a 180 day rule like the Federal system and some other states have. However, the delay in getting an indictment is a valid reason to ask for a reduction in the amount of bail. Rule 3:25-3 does allow for a dismissal for an "unreasonable" delay to indict.A motion needs to be filed but the indictment will likely occur before the motion is heard.