How long can you be held in Niagara County NY for attempted assault 3rd without an arraignment or bail?

No. In NYS, 24 hours is the number the courts work with. It's not a hard and fast rule but after 24 hours, an attorney can take a writ to get the person out. In light of the low level of the charge, there may be a legitimate lawsuit here! Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) [email protected]

This is an inordinate amount of time to be held for an arraignment. Generally it is 24 hours, but could be shorter or longer. I would reach out to your friends lawyer to investigate the facts and circumstances of the delay.

Under NY case law, the person arrested must be taken before a judge within 24 hours. I have handled many cases like this and consistently recover money for the person arrested. This could be a big case especially if there is no prior criminal history. Eric Rothstein 212-385-8015 [email protected]

No. The rule in NY is that a defendant must be arraigned within 24 hours.