Q: In N.J. can a Prosecutor draft the indictment 7 days after the hearing unsigned by a foreperson to quash a preliminary h

Hearing was held on the 3rd day of Jan. Indictment drafted and presented on the 10th day of Jan. The hearing on a warrant Gerstein v. Pugh 1975 requured within 48 hours of detainment to determine Probable Cause as arrest was on Sept 16, 2005 did not receive bail until C.J.P. COURT ON Sept 27 11 days detained no bail and still no warrant THE FOURTH AMENDMENT VIOLATION

1 Lawyer Answer
Stuart Nachbar
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Stuart Nachbar
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  • Criminal Law Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

A: You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation

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