How long does a judge have to make a preliminary hearing decision
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long does a judge have to make a preliminary hearing decision
Asked on May 5, 2009 under Criminal Law, New York
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
There is nothing in the law that puts an exact time limit on a judge's decision, in most cases. Sometimes, it can take months for a trial verdict, where the judge hears a case without a jury.
Still, you should not have to wait too long. Most preliminary hearing decisions are not that difficult, since the only question is, is there enough evidence to justify making the defendant stand trial? The answer is usually yes, since the prosecutor gets the benefit of the doubt at this stage. Because of that, if the judge is having trouble with the decision, it might be a good sign, so your best bet is to sit quietly and wait.
Most judges have to fill out reports every month, showing how many cases they got, how many cases they decided, and how many cases they have in their "backlog." So I'd guess your worst case here would be by the end of the month.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.