How long can you be held in jail before being indicted in New York?

Question

I'm reading a book. The suspect was extradited from WA to NY and has been sitting in jail for a while. They keep mentioning that he hasn't gone to the grand jury yet and that just made me wonder how long you could just keep someone in jail without indicting someone. If it's a long time seems like a bit of a loophole tome.

Update:

After reading the rest of the book it became quite clear that the author just didn't know what he was talking about most of the time on all issues.

Slickterp · Accepted Answer

That makes no sense.  If he was extradited, that indicates he has already been charged with something, so no need for a grand jury at this point.  A person doesn't go to a grand jury.  A grad jury basically decides if there is enough evidence to charge someone.

Little Princess · Answer

As slick mentioned, if he's been extradited, he's been charged. The state cannot extradite someone without an arrest warrant out for them. So, the grand jury's role is done.

After someone's arrested, they will be arraigned. This is where they are brought before a judge (or magistrate), informed of what they're charged with, and they'll enter a plea (either guilty or not guilty). This is likely the step that the fictionalized police are delaying.

Generally someone must be arraigned within 72 hours of being locked up. That's not a hard and fast rule, but if it ends up taking too long, the police will generally have some explaining to do before the judge. If the judge doesn't buy their excuse, he/she can sanction the prosecution for delaying it.

How long can you be held in jail before being indicted in New York?

2 Answers