Can charges be dropped if I do not have a preliminary hearing in 90 days?

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Can charges be dropped if I do not have a preliminary hearing in 90 days?

My boyfriend has not had his preliminary hearing yet and he is going on 90 days in jail.

Asked on May 8, 2012 under Criminal Law, Kansas

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Because different States vary in the time fame in which a preliminary exam must be held, it is difficult to say if a dismissal is in order for your boyfriends case. In Michigan, a preliminary exam must be held within 14 days from the time of a defendants arraignment or else the case must be dismissed. Be mindful that this 14 day rule can be continued well past 14 days if the Judge finds good cause to adjourn the matter. 90 days appears to be quite a long time, your boyfriend needs to discuss his dismissal options with his attorney if this time frame surpasses state law to hold a preliminary exam. 


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