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If someone's indicted fir a federal crime but has been in…

Customer Question
If someone's indicted fir...

If someone's indicted fir a federal crime but has been in detention in process of transport for over a month without reason. is there a penalty or something

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Being indicted to new york

Lawyer's Assistant: Has anything been filed or reported?

Written to marshalls in current jail

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Whats the statute of limitation for an indictment

Submitted: 1 month ago.Category: Criminal Law
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Answered in 7 minutes by:
3/11/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,049
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Has he been indicted already? Is he being extradited to New York from another state? Had there been a fugitive warrant?

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Customer reply replied 1 month ago
he had a federal warrant, removed from albuquerque, NM, was told he had within 10 days to be transported from Feb 12th. hes has been in Grady County jail alone for 18 days. what do we do
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

For speedy trial purposes, the time between an arrest and an indictment would typically be 30 days for a Federal offense. An exception would be if no grand jury were in session. Then the government would be entitled to an additional 30 days. You can see the law as to this here:

https://www.law.cornell.edu/uscode/text/18/3161

This matter may be more complicated than this based on what I see in your fact pattern. Also the count of days for speedy trial purposes can stop and start depending on facts and circumstances. The 30 days would not necessarily be 30 consecutive days.

If however, there were no other holds, a defendant would be entitled to have his lawyer ask for a release after 30 days where the Federal government failed to indict.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

Here, however, he has a hold and a warrant would stop the speedy trial clock. While New Mexico would have to release if the government said within 10 days that they were not coming to get him, extradition actually can take much longer.

More coming. Still typing.

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Customer reply replied 1 month ago
hes already been indicted, ordered to be removed feb 12th
Customer reply replied 1 month ago
he had a rule 5 removal hearing and was ordered to be removed that day 12th of feb
Customer reply replied 1 month ago
btw he has been in detention since feb 2nd
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

Yes. But you asked for how long to indict. So I wasn't sure whether he had or had not been indicted.

There is a Federal act called the Uniform Extradition Act. The Act says that 30 days from the defendant's signing of the waiver agreeing to go back to the state that wants him is a reasonable amount of time for an extradition to be completed. If he is not extradited within 30 days, then his lawyer can file a writ of habeas corpus to get him released.

If he contested extradition and lost a hearing, then the time for extradition would start to run from the date he lost the hearing.

Either way, when the delay is unreasonable under the law, the writ is the remedy to get him released.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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