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Aaron Paul
Aaron Paul, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
Experience:  Attorney since 2003; Public defender for 30+ months with daily courtroom experience
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Can a pre trial detainee in New York held on a murder charge

Resolved Question:

Can a pre trial detainee in New York held on a murder charge for 2 years, file a civil suit for being held without bond?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Aaron Paul replied 8 years ago.
Hello Mr. Goldstein - The answer to your question is "probably not."

Most state legislations have enacted laws barring defendants charged with capital offenses to be held without bail. I am going to assume that if the court has held someone for two years while this person has been waiting for trial, it is because

1. He is charged with a capital offense, such as first-degree murder, or
2. He actually was issued bail, but it was set so high as to effectively be made impossible to be bonded out (like in the millions of dollars).

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