Arraignment - limitation

[little]

At New York State.

I was arrested in 4/2007 and was scheduled to be arraigned. On that day, I was send back home because paperwork was not ready...so my attorney informed me that the court would schedule an arraignment within 90 days. But after 90 days, nothing happened. No letter. It is almost a year now. Would this case be automatically discharged?

I believe I can request for a dismissal but its only a request right? So that means I can still be arraigned?

Is there a statute of limitation for how many days, months after my original arraignment date and still no future arraignment scheduled that this case can be discharged?

Thank you for your help

[FlyingRon]

Most likely the charges ought to be dropped, whether they can be refiled depends on what you were charged with. What does your attorney say?

[little]

I requested a letter from the Court. The Operation Management said that as of date, the District Attorney still hasn't filed any paperwork for arraignment. And thus, as to date - I am still not yet prosecuted but when the affidavit is filed, I will be contacted again for arraignment. How long should I wait? I feel like I am left hanging with no resolution and it bothers me because this will affect my future with companies I want to work for.

My lawyer said that usually after 3 months from the date of your original arraignment and still with no letter scheduling future arraignment, the DA cannot charge you anymore.
Is that true? Some people say that it really depends on the case...this is my first time offense...well, the thing is I am more of a victim...anyhow I was arrested for using a gift card which was paid by a stolen credit card. I have no way of finding out who got me the card...it was a gift receive with a whole bunch of other gifts for my wedding. Sounds like a misdemeanor rather a felony but I don't know what this case falls into...embezzlement or credit card fraud?...I don't know...I am stuck...By the way, thank you for your advice.

[Raptoer]

It would probably be a misdemeanor, probably possession of stolen property.

It wouldn't be theft, embezzlement or credit card fraud because you aren't the one that paid for the gift card.

I personally doubt that anything will ever come of it.

[little]

Originally Posted by Raptoer

It would probably be a misdemeanor, probably possession of stolen property.

It wouldn't be theft, embezzlement or credit card fraud because you aren't the one that paid for the gift card.

I personally doubt that anything will ever come of it.

Thank you...