What is the time frame on indictment whil incarcerated? He was arraigned 60 days ago and they have been keeping him on 5000 cash bail .. Questioning indictment

Amanda (Guest) on Monday, February 04 2013, 08:32 AM
Should he have to be let out
1 response Add Yours
       
  •  
    Replied by Attorney Michael Franklin on Wednesday, February 13 2013, 11:36 AM · Hide · #1
    Your husband has been charged with a crime in District Court and he is being held on $5,000 cash bail. Meanwhile, the District Court case is proceeding. Presumably, there already has been a Pre-Trial Hearing where the prosecutor and defense attorney must file a Pretrial Conference Report. This hearing must occur within 30 days of arraignment if a defendant is held on bail. The Report indicates to the judge what, if any, information is needed by either the prosecutor or defense attorney before the case is ready for trial. Further, the Report indicates whether either counsel needs to file Pretrial Motions (i.e. Motions to Suppress Evidence from an Illegal Search, Motions To Dismiss, Discovery Motions etc.). If either the prosecutor or defense attorney need information, the case may be scheduled for a compliance date for the requested discovery information to be provided. Alternatively, the case could be scheduled for a Motion date prior to trial. These dates must occur within 30 days of the Pretrial Conference date or the last compliance date. If your husband is in danger of being indicted, this means that his case could be brought to Superior Court where the sentences are for longer periods of time. Generally, the government may indict a defendant any time prior to his or her trial in District Court. Your husband’s attorney should move the case to trial in District Court as soon as possible before his indictment. Your husband has a right to a speedy trial and a right for a bail review to occur every 60 days while he is held in custody waiting for trial. If there is a legitimate reason for the delay, your husband would not be released from custody. However, he could be released if there is not a legitimate reason to hold your husband in custody after this much time has passed without action. A Motion for A Speedy Trial or a Motion for A Bail Review could be filed in such a case. Find out what pretrial stage your husband’s case is in and request his attorney to explain what, if any, actions can be taken to have him released.
Your Response
Please login first in order for you to submit comments

Top Massachusetts Attorneys Ready To Answer Your Questions

1
The Editor
The Editor
Divorce, Bankruptcy, Estate Planning, Business Law, Trial & Litigation, Criminal Defense, Family Law, Tax Law
2
Attorney Jake Walters
Attorney Jake Walters
Business Law, Real Estate
3
Attorney Allan Baron
Attorney Allan Baron
Estate Planning, Real Estate, Elder Law
4
Attorney Marco Schiavo
Attorney Marco Schiavo
Bankruptcy, Business Law, Real Estate
5
Attorney Bill Mayer
Attorney Bill Mayer
Divorce, Trial & Litigation, Family Law
6
Attorney Peter Paulousky
Attorney Peter Paulousky
Trial & Litigation, Criminal Defense, Drunk Driving
7
Attorney David Beliveau
Attorney David Beliveau
Estate Planning, Business Law, Real Estate
8
Attorney Steven Boris
Attorney Steven Boris
Trial & Litigation, Personal Injury
9
Attorney Kevin Leeper
Attorney Kevin Leeper
Family Law, Immigration
10
Attorney Michael Doherty
Attorney Michael Doherty
Business Law, Trial & Litigation, Family Law
11
Attorney Michael Franklin
Attorney Michael Franklin
Divorce, Criminal Defense, Family Law
12
Attorney Eric Schutzbank
Attorney Eric Schutzbank
Divorce, Criminal Defense, Family Law
13
Attorney Howard Lewis
Attorney Howard Lewis
Divorce, Family Law
14
Attorney Christopher Shannon
Attorney Christopher Shannon
Divorce, Trial & Litigation, Criminal Defense
15
Attorney John Dugan
Attorney John Dugan
Estate Planning, Elder Law, Wills & Probate
16
Attorney Alan Fanger
Attorney Alan Fanger
Trial & Litigation, Wills & Probate
17
Attorney Margaret Cross-Beliveau
Attorney Margaret Cross-Beliveau
Estate Planning, Elder Law, Wills & Probate
18
19
Attorney David Jensen
Attorney David Jensen
Estate Planning, Real Estate
20
Attorney Edward Cannon
Attorney Edward Cannon
Business Law, Real Estate