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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 12-29-2008, 08:53 AM
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arrest, searches warrents and procedures


(new york state law)My son was arrested while on felony parole, the new charges are criminal possesion of a loaded weapon, third degree assault, and reckless endangerment. (At this time there is no gun in police possesion only statements) My understanding is that he will not have bail posted because of the violation of parole however my question is; will he still have the right to be arraigned on the new charges within a 72 hour period or is there no time period for arraignment because of his violation of parole.
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Old 12-29-2008, 09:05 AM
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In general, it's arraign or release. The fact that he doesn't get arraigned doesn't mean they can't proceed on the charges at a later time.. If they're not going to release him anyhow due to parole conditions, there's not any rush to arraign.

Last edited by FlyingRon; 12-29-2008 at 04:26 PM.
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Old 12-29-2008, 02:45 PM
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When they violate your parole, they can hold you for as long as the parole system can hold you. In my state that could be up to 30 days prior to a parole revocation hearing - not sure what it might be in NY, but I suspect it is similar.

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