Jacqueline Pritchett was freed from Rikers Island after a judge found that her continued detention violated her Fifth Amendment right to remain silent.
Pritchett had been in custody since October, days after an ACS worker reported her 11-year-old son, Jacob, was missing.
Police launched an extensive search, that included checking a dumpster behind the family’s apartment on Howard Avenue and even a landfill near Rochester but found no trace of the boy. Pritchett told police that she didn't have a son, according to police sources.
During multiple family court hearings, Pritchett refused to answer questions about Jacob’s whereabouts and repeatedly invoked her right against self-incrimination.
Her defense attorneys argued she was being jailed only to pressure her into speaking.
On Tuesday, a Brooklyn Supreme Court judge agreed, saying the court was keeping Pritchett behind bars as a way to compel her to speak.
Pritchett showed little emotion when she learned she would be released.
She is due back in family court on Dec. 19.
The investigation into Jacob’s disappearance remains active, and officials have not provided any new details about the search.