how long does it take the district attorney to file charges ny

On most felony cases, they have up to three years to file charges. Depending on caseload, the DA might take several months to decide whether or not to file charges. Unfortunately, until then, you are in limbo.

Full Answer

How long does the district attorney have to file charges?

If the person bails out of jail, there are a 30 days time frame before the person will be ordered into court. The police know they have to get the paperwork to the prosecutor within the 30 days time frame to review it and make a decision.

How long does a district attorney take to review a case?

May 28, 2011 · For most misdemeanors, including possession of marijuana, shoplifting, simple battery, and theft under $300, the State has two years in which to prosecute. For misdemeanors where there is only the punishment of a fine or forfeiture, the State has only six months. There are two situations where there usually are no time limitations: extremely ...

What happens when a case is filed with the district attorney?

If its a felony charge, the state has 175 days to file charges (technically, they have 175 to file the official charging document known as an “Information”). If the charges are a misdemeanor, the state has 90 days to file.

Is there a time limit for filing a criminal charge?

Mar 27, 2008 · It may be that the public defender cannot get involved until assigned by the court. You can call their office and ask, but chances are they cannot take you on until you have been charged. If you can't afford a private attorney, you may just have to wait. It may take a month, it may take a year.

How long does the DA have to file charges in NY?

The general time limits are: five years for felony offenses. two years for misdemeanors, and. one year for petty offenses.

How long does the DA have to indict you in NY?

The Prosecutor has six months to indict a Defendant for a felony charge. if the Grand Jury indicts the defendant, then the felony case is on the trial track. Time lines and procedural guidelines must be followed by the court.

What does a district attorney do in New York?

The office is responsible for the prosecution of violations of New York state laws (federal law violations in Manhattan are prosecuted by the U.S. Attorney for the Southern District of New York). The current district attorney is Alvin Bragg.

How long does a police investigation take?

In a routine or less serious case you should expect to hear form the police within 2 to 3 months but in more complicated cases where the police need to obtain statements, forensic evidence, CCTV or expert reports to prosecute you then this could take several months.

What happens after an indictment in New York?

After the indictment, the defendant is arraigned in the New York City Criminal Court. At this time, with the assistance of a defense attorney, the defendant may enter a plea of guilty or not guilty to the charges against him/her.

How long before a crime Cannot be prosecuted?

To answer this question, you need to look at the law and know in general what crime you may be charged with. For most crimes, the state loses the power to charge you with a crime 5 years after the crime is committed. Like most other facets of the law there are exceptions, here are a few.

How much do district attorneys make?

The salaries of District Attorneys in the US range from $13,279 to $356,999 , with a median salary of $64,623 . The middle 57% of District Attorneys makes between $64,627 and $162,013, with the top 86% making $356,999.

How much does the New York DA make?

District Attorney Salary in New York City, NYAnnual SalaryWeekly PayTop Earners$118,461$2,27875th Percentile$95,427$1,835Average$82,205$1,58025th Percentile$64,715$1,244

Who is above the district attorney?

The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

How do I know if I have been charged with a crime?

If you suspect you may have been charged even though you haven't been arrested or received any summons, you can always contact your local police department for information. By asking the department to conduct a warrant check, you can uncover any criminal charges that have been filed against you.Jun 7, 2021

What are the stages of an investigation?

Six steps for successful incident investigationSTEP 1 – IMMEDIATE ACTION. ... STEP 2 – PLAN THE INVESTIGATION. ... STEP 3 – DATA COLLECTION. ... STEP 4 – DATA ANALYSIS. ... STEP 5 – CORRECTIVE ACTIONS. ... STEP 6 – REPORTING.

Can police decide not to prosecute?

If the Crown Prosecution Service (CPS) or police decide not to charge a suspect then he will have no further action taken against him. A decision not to charge is sometimes called a decision not to prosecute or taking no further action ('NFA').

How long does a misdemeanor last?

For misdemeanors where there is only the punishment of a fine or forfeiture, the State has only six months. There are two situations where there usually are no time limitations: extremely serious felonies and sex crimes. Felonies that have the possibility of life imprisonment or the death penalty, such as first degree murder, ...

How long does a felon have to be in jail?

For serious felonies — which are punishable by imprisonment at hard labor but do not carry the possibility of life imprisonment — the State has six years from the date of the crime to begin prosecuting that individual. Examples of serious felonies could include attempted murder, arson, kidnapping, or simple burglary.

What are some examples of felonies?

Examples of serious felonies could include attempted murder, arson, kidnapping, or simple burglary. So, for example, in Louisiana, if someone breaks into a car and steals the CD player, the State would have six years from the date of the theft to file prosecution charges against the defendant.

What is statute of limitations?

Statutes of limitations establish time limits for starting criminal proceedings. The rules reflect society's wish to proceed with prosecutions while memories are fresh and evidence and witnesses are still available. Statutes of limitations generally start to "run" on the date that crimes are committed.

What is the Sixth Amendment?

Statutes of limitations, which establish time limits for starting criminal proceedings, are distinguished from the Sixth Amendment right to a speedy trial, which applies to the length of time between the beginning of criminal proceedings and cases going to trial.

Can Larry be prosecuted for burglary?

However, the police misplace the report and, as a result, don't begin investigating the crime until many months later. By the time the police arrest Larry and the prosecutor is ready to begin criminal proceedings, the state's three-year statute of limitations on burglary has expired. As a result, Larry cannot be prosecuted for burglary. If the prosecutor were to begin criminal proceedings, Larry would be entitled to have the case dismissed.

What if you have not been charged with a crime?

Right this minute, you have not been charged with a crime. That should make you happy. The longer that is the case, the better. If you are never charged, that would be the best outcome of all. There is no way to know what the District Attorney is doing and there is no reason on earth that you want them to move any faster...

Should I be optimistic about my ex-DA case?

you should be optimistic. As an ex-DA, we usually filed the cases quickly if there was sufficient evidence. This delay tells me there is a significant problem with the case. It is probably back with the detective for follow up investigation.

How long does it take for a DA to file a lawsuit?

It can take weeks or months. The DA runs a risk if he waits too long in deciding to file. Speedy trial rights and statute of limitations could bar the prosecution of an untimely action.

How long does it take to file a felony?

On most felony cases, they have up to three years to file charges. Depending on caseload, the DA might take several months to decide whether or not to file charges. Unfortunately, until then, you are in limbo... 0 found this answer helpful. found this helpful.

How long is the statute of limitations for a felony?

For felony offenses, the statute of limitations is three years; or. With certain felony offenses, there is a longer statute of limitations. There is usually a gap between the time the police officer generates the police report and the time the prosecutor makes their filing decision. It is during this gap in time that your attorney is able ...

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

Why is it important to retain a criminal defense attorney?

2. Arrest and Police Report. Oftentimes, a police officer makes a physical arrest of the accused and takes him or her to jail without an initial investigation.

What happens when a police officer gathers evidence?

Once the police officer has gathered sufficient evidence, he or she will meet with the prosecutor and present all of the evidence that the officer has obtained, including physical evidence, statements from witnesses, or even your own statements. The officer may recommend certain charges, but only the prosecutor has the power to formally file ...