Summary
In New Jersey, arraignment usually occurs within 72 hours of arrest. Delays, such as being arraigned months later, may allow for a motion to dismiss based on due process violations. If arrested and searched multiple times with no evidence found, but later evidence appears, you may file motions to suppress evidence or dismiss charges. Consult a legal professional for specific advice.Full Conversation
what are the guidelines pertaining to how long they have to arraign you after being charged
In New Jersey, the guidelines for arraignment are:
- Typically must occur within * hours after arrest.
- Can vary based on circumstances like weekends or holidays.
- Always advisable to consult a legal professional for exact details.
so if i was charged in October of * and arraigned on June *, * that would constitute o motion for dismissal based on due process ?
In New Jersey, if the delay in arraignment has prejudiced your ability to defend yourself, you may be able to file a motion to dismiss on due process grounds. However, specific circumstances can vary. It's advisable to consult with a legal professional.
so the guidelines state that they have * hours to arraign
Yes, generally in New Jersey, the arraignment should occur within * hours of an arrest. However, if there's a long delay as in your case, it may be possible to argue for a dismissal based on due process violation. Please consult with a legal professional for specific advice.
ok different question if i was arrested searched several times and nothing was found on camera/ video. then later a gun was recovered on me is there a motion i can fikle for dismissal
In New Jersey, potential motions could include:
- Motion to Suppress Evidence, if the search was unlawful.
- Motion to Dismiss, if evidence doesn't support the charge.
Remember, this isn't legal advice. Consult a legal professional for your specific circumstances.
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