How Long Can you be Held in Jail before Seeing a Judge | Expert Guide
Getting arrested brings unlimited hardships and difficulties in the life of that person. If it is the first experience of jail and you do not know how things will proceed, the situation can worsen. The first thing that came to mind, especially when the individual is arrested without solid proof, is how long can you be held in jail before seeing a judge.
Appearance to the judge means an opportunity to justify himself. But to make your appearance count, you need to understand the legal procedure. You need to know your rights as an inmate and how the arrest process proceeds. You may also need to understand how to maintain life in the meantime.
How Long Can you be Held in Jail before Seeing a Judge?
There is a perception that it can take months and years to get out of jail once you are arrested. However, the regulations are there to satisfy. The police authority is restricted, and the security policy can only hold you ((for up to 24 hours)). The only condition they can keep you more than 24 hours is ordered under the magistrate or a superintendent. The superintendent can extend the time limit up to 36 hours, not more than that, so consider these formalities if your close one is jailed. These inspections can save you from orderly management.
Speedy Trial Rights
Speedy trial right means the prosecutor reviews the case studies and the criminal and decides whether they will pursue the case or not. If the judge is not willing to bail you as you are a threat to the public and you cannot afford the bail, you will remain in detention until the charges against you are resolved. In most cases, the attorney creates a plea deal with the prosecutor and rarely takes the case to trial.
The trial needs to begin within ((2 to 4 months)) of your arrest to avoid related issues. Sometimes when the case is complex, the prosecutor can take a longer time to prepare. In case the layer does not consent to further delay, the court will consider the following factors to determine whether the speedy trial rights are violated or not;
- The tenure of the delay.
- Authentic reasons for the delay.
- Whether the defendant was harmed with the delay.
- When the defendant requested a speedy trial.
Getting out before seeing a judge
When the person appears in front of the judge, the judge grants the bail amount, and you are bound to submit the amount to avail of the bail. However, in some cases, due to repetitive crimes, a bail schedule is followed. In that scenario, you do not need to appear before the judge; you must submit the amount and avail your bail. If the price is high and you cannot pay the amount, you can contact a bail bond agent. They charge 10% of the bail amount.
Primary Objectives at First Court Appearance
There are three primary objectives of the judge that will be focused on in the first appearance.
Review the cause
The first thing that the judge will focus on is to review the causes presented by the state and the council to justify your arrest. In some cases, the allegations are not that strong that a person needs to be arrested.
After the review of the case, your general rights will be discussed, and the judge will explain the rights to you;
- The first right is that you have the right to remain quiet because anything you say can be used against you.
- Secondly, you will have the council right, and in case you couldn’t afford counsel, and then a public defender will be provided by the state.
- Lastly, you will have the right to communicate with the counsel and family members. You will be provided sources to do so.
The judge will take notice of the last objective is that the judge will set terms of the bond or pretrial release. The judge will decide why and how the person will be entitled to pretrial release.
The people that will attend the first appearance are the defendant, the public prosecutor, and the state attorney.
Hold Limit to Protect your Rights.
The hold limits to protect the right of the person jailed to act sufficed in the custody of the person. Hold Limit means that the police and the attorney’s office are forced to make a reliable decision on whether enough evidence exists to charge you. Without such a hold limit, the people can be arrested and jailed indefinitely, and nobody can accuse. The time limit on custody protects the victim from the unnecessary delay.
- Hold Limit eliminates unnecessary delay.
- Remaining silent will not extend the hold limit.
- You should be charged formally within the hold limit.
Contact a criminal defence attorney.
The ((criminal defense academy)) can help you get out of a case. In this situation, no matter how much knowledge you have, things can worsen because you do not have the experience to deal with such scenarios before. If once the case gets out of reach, then it is possible that you can be charged heavily, and you may have to spend much time in jail.
Contact a criminal defence attorney as they can make your case easy and understandable. The purpose behind this is that they are experts at dealing with such cases and have the required info to get you out of jail immediately. The legal defence services, charges, dealing with obligations, and much more are included in the criminal defence attorney’s duty. So contact a defence attorney and make your case go in your way.
Interesting Question: Will A Lawyer Take My Case For Free
Frequently Asked Questions
What happens if you are not arranged within 72 hours?
After you are arrested, it does not mean you have to stay in jail till the order of courts. The beauty of law is that it takes care of all the situations and circumstances. So, if you are got arrested on a weekend, the police have ((72 hours)) to charge you with the crime. In case the police are unable to do that, then you will be released from custody. The police cannot keep you arrested.
What should you do after an arrest?
Anybody being arrested can be hyper as things seem to be out of favor for them. However, there are specific things that you should keep in mind after an arrest. The first thing is to keep silent, do not argue with the police as orders bind them.
You should remember that you do not need to resist as this can cause you further charges. The third thing is not sharing the case with family and friends as they can be called witnesses. The last thing is that you can contact an attorney for initial help.
How long can an inmate are held before trial?
Holding the inmate before trial for more than 72 hours is out of the rule. The general rule for inmates is that the prosecutor is bound to decide the charges within speedy trial rights within 72 hours. Many states follow this 72 hours rule, and if no charges are filed within the Limit, the victim will be released.
How many days can it take to get bail?
It can take 7 to 15 days to avail of the bail. Because first, the victim needs to appear before the court, and then a bail schedule will be decided. Then other terms come in place, which can take some days to complete. That’s why the bail can take 7 to 15 days to accomplish.
How long can a jail hold you?
Initially, the detention warrant can extend your investigation. However, the police cannot keep you in jail without any charges. You are bound to appear before the court within 72 hours. However, you will be released from custody if they do not make your appearance happen and the prosecutor does not file charges against you.
When loved ones are arrested, you might be feeling depressed, but you should better gather the law information instead of grief and sorrow because your main focus should be getting your loved one out of jail. We hope your query: how long can you be held in jail before seeing a judge? Knowing the law and regulations make you aware of how things will proceed.
So, it’s better to adopt careful policies instead of getting messed up in the case. Once you are arrested, the police can keep you for 72 hours maximum without charges; if the time limit exceeds 72 hours now, you will be released from custody.
Also, follow the ethics and do not miss the police and judge as they can make things further tricky for you. If you like the information, then do let us know in the comment section below. Hope you have learned how long can you be held in jail before seeing a judge.
I am Raymond W. Reeder a practicing lawyer, as well as an expert in criminal law, civil law, corporate law, and intellectual property.
I am currently writing for Legal Fact Pro my own blog site where I share my expertise and knowledge to help people out with their queries. I am a trial lawyer who combines pragmatism, charisma, and dedication to deliver strategic advice and counsel to policyholders and, when necessary, provide record verdicts in state and federal court in insurance coverage cases, IP litigation, and commercial matters.
I am engaged by clients such as the California Automobile Association; Allianz Global Risks US Insurance Company; Zurich North America Corporation; Liberty Mutual Insurance Company; Progressive Casualty Insurance Company of New York. Here are some of my personal clients and company testimonials.