Can I be taken to trial on a second indictment vs. initial indictment, which led to the second indictment?

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Can I be taken to trial on a second indictment vs. initial indictment, which led to the second indictment?

I was arrested in Nassau County from a direct presentment, indicted on conspiracy charges. A search warrant was issued at my residence. A gun and drugs were found. Then, 3 months later, there was a second indictment for the drugs and gun. Is is legal to take me to trial on the second indictment for the gun and drugs before the initial/original indictment conspiracy which led to the second indictment?

Asked on April 6, 2019 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes: there is no law or court rule that the first indictment must be tried before the second, even if the second one grew out of a search only executed due to the first indictment. Conspiracy is generally a more-complicated case than possession; they are likely trying the simpler case first.


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