Defendant’s Right to Release On A Felony- New York Criminal Procedure Law 180.80 By Michael Joseph on September 22, 2009

New York criminal defense lawyers who handle felonies need to be familiar with NY criminal procedural law 180.80. Where a defendant is charged with a felony and they are incarcerated because they cannot make bail for more than one hundred twenty hours or one hundred forty-four hours if there is an intervening Saturday, Sunday or legal holiday, must be released if they have not been indicted or had a felony hearing, which is also known as a felony exam. This provision is a powerful tool for New York criminal defense attorneys.

The only exceptions to this rule are where there was a delay due to the defendant’s request, action or condition, or if the delay occurred with his consent. Aside from consent or action by the defendant which prevented the indictment or felony examination, the District Attorney must show good cause why the defendant should not be released. This good cause must be a compelling reason that prevented the indictment or that the release would not be in the interest of justice.

At a felony examination or felony hearing, the district attorney must prove reasonable cause to believe the defendant committed a felony. If they meet this burden, the Court can keep the defendant in jail and hold him for grand jury action.

If there has been no grand jury action and the defendant has been held in custody for more than 45 days, the defendant has a right to be released unless the defendant consented to the delay.

Michael Joseph is a New York Criminal Defense Lawyer, who defends felony cases in New York City and Westchester.

Related to This

The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite
About Us
Our Locations
Personal Injury
Construction Accidents
Auto Accidents

About Us

Our Locations

Personal Injury

Construction Accidents

Auto Accidents

Google map image of our location in 18 W 33rd St Ste 400 New York, NY

New York Office

18 W 33rd St
Ste 400
New York, NY 10001

Open Today 8:30am - 6:00pm

Google map image of our location in 203 E Post Rd  White Plains, NY

White Plains Office

203 E Post Rd
White Plains, NY 10601

Open Today 8:30am - 6:00pm

Tell us a bit about yourself...

(212) 858-0503 Send a message