My husband was arraigned 60 days ago and they have been keeping him on 5000 cash bail . I am questioning if there is a time limit on indictment and should he have to be let out by now ?

Attorney Answer: There is no minimum time frame for which the Commonwealth has to indict your husband.  The only requirement is that he be brought into Court every thirty days.  Your husband’s attorney can force the Commonwealth to show that they have probable cause for the charges.  If sufficient time passes, your husband’s attorney can move to reexamine bail and reduce it to personal recognizance based on the Commonwealth’s failure to indict in a timely manner.  Depending on the strength of the case and your husband’s criminal record, there may also come a point where he may want to enter into a plea for time served.  Without knowing the facts of the case and more about your husband’s record and history, I cannot be any more specific.  I suggest you speak with his attorney who should be able to answer your questions so long as you are not the named victim in the case.  Good luck!

Categories: Criminal Defense Questions and Questions & Answers.