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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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