how long can you be held in jail without seeing a lawyer

How long can you be held in jail without seeing a judge?

If the court determined you will be released on bail, after the arraignment hearing, you will be escorted back to the jail and held until bail is posted. Can I win with a court-appointed attorney? Although all criminal defendants are entitled to a court-appointed lawyer, it’s important to understand what a court-appointed lawyer can and ...

How long can a person be held in jail without evidence/discovery?

 · Instead, I suspect a lawyer has not yet been hired or appointed, so there has been no attempt for a lawyer to see him. The fastest way to get a lawyer to him is to hire a lawyer to go visit him. Otherwise, he should be arraigned promptly, and at that time he can ask that an attorney be appointed to represent him.

How long do you have to be in jail before trial?

One of the first things people who have been arrested want to know is how long they can be held in jail without seeing a judge. Florida law provides that arrestees must have their first appearance, also referred to as an “advisory,” with a judge within 24 hours following their booking. However, officers may detain you for a few additional hours, depending on what the cutoff time is for the …

How long can a felony case be held without going to trial?

 · Posted on Sep 27, 2017 There isn't a per se time limit on long he can be held after indictment. You might consider calling the clerk of courts to find out when his arraignment is …

What happens if you don't have a lawyer?

If you do not have a lawyer yet, if you tell the judge that you wish to hire one and are financially capable of doing so, the judge will either appoint you a public defender to represent you at the first appearance (after which time, we can take over), or postpone the hearing until you have secured representation.

What time does the court hold an advisory?

On weekends and holidays, the court holds all advisories at 8:00 a.m.

What is the rule of the court for a first appearance hearing?

The Rule states: “The judge shall allow the defendant a reasonable time to send for counsel and shall , if necessary, postpone the first appearance hearing for that purpose. The judge shall also, on request of the defendant, require an officer to communicate a message to such counsel as the defendant may name.” The officer must do so “with diligence and without cost to the defendant.”

What time do you go to the advisory hearing in Pinellas County?

In Pinellas County for example, the cut-off is 6:00 a.m. If officers book you by 6:00 a.m., you will go to that day’s advisory hearing. If officers book you after 6:00 a.m., you will attend a first appearance on the following day, which could be outside of the 24-hour window. For instance, if officers do not begin the booking process until 6:15 a.m., your first appearance could be as late as the afternoon of the following day.

How many advisory sessions are there in Pinellas County?

The advisory schedules vary from county to county. In Pinellas County, the courts have three separate advisory sessions each regular weekday:

How long can a person be held after an indictment?

There isn't a per se time limit on long he can be held after indictment. You might consider calling the clerk of courts to find out when his arraignment is set (court dates like that are a matter of public record), and possibly see if a judge has approved or denied his application for a court-appointed attorney as well. If no date was set, the clerks will look to schedule one soon.

Can an attorney get an indictment?

An attorney will be able to get the Indictment to verify his official charges. Your boyfriend will also get a copy of the Indictment at his first court date if he doesn't get it before then. He will see a judge for his first court date and the court will review the maximum possible penalties...

What happens if you are detained but not booked?

If you're detained, but not booked within a reasonable time, your attorney may go to a judge and obtain a writ of habeas corpus . A "writ of habeas corpus" is an order issued by the court instructing the police to bring you before the court so that a judge may decide if you're being lawfully held.

What happens if you are arrested?

If you're arrested, a prosecutor will review your case before making an independent decision on what charges should be filed. A prosecutor is not bound by the initial charging decision, but may later change the charged crimes once more evidence is obtained.

What is the right to a speedy trial?

The Right to a Speedy Trial: The Constitution and State Time Limits. The right to a speedy trial is guaranteed to criminal defendants by the Sixth Amendment to the U.S. Constitution . A " speedy trial " basically means that the defendant must be "tried" for the alleged crimes within a reasonable time after being arrested.

How long does it take to get a speedy trial?

As a general rule: If you're placed in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit. Sometimes, no charges are filed, and you will be released.

What does it mean to be tried?

Being tried means the prosecutor reviews the crime and details and decides if they want to pursue a criminal case. The case could go to trial, be dropped at a later point, or be settled outside of court.

Is it stressful to be arrested?

Getting arrested is probably one of the most stressful experiences you can go through in life, not to mention the hardship it can put on your loved ones. There's a lot to worry about during this time. You need to understand: Your rights as an inmate. The arrest process. When you'll be released.

Can you be arrested without charges?

Although arrestees cannot be held without formal charges for an unreasonable amount of time, the Constitution does not spell out what this time is. Instead, these are typically set forth by state law, and the time period differs from state to state.

How long can you be in custody for a felony?

For example, if it is a serious felony, and you cannot make bail, you could be in custody for months or even year (s) so that your case can be defended properly (with your consent, of course). Report Abuse. Report Abuse.

How long does it take to get sentencing?

A speedy sentencing law requires sentencing within 45 days of a guilty finding. The penalties for violating this are, however, nonexistent (unless, of course you are detained beyond the term of the sentence ultimately imposed).

How long does it take to get a trial?

It depends if pre trial or post trial. Pre trial, generally 6 months unless a waiver of speedy trial has been filed. If post trial after a jury there is no limit except the maximum possible sentence.

What does it mean when you are sentenced?

You use the word "sentenced", which tells me that you have been convicted of the crime. Depending upon the crime to which you were convicted. If it is major prison time, then sentencing could be down the road a bit as this becomes a separate matter during which your attorney might try to sway the judge to enter a lesser sentence than that requested by the prosecutor. Putting this information together and getting any witnesses may take some time. I

What happens if you don't get bail?

If you do you were not granted any bail. You will remain in incarcerated until your sentencing. I would need more particular information to answer your question in detail.

Can you go to jail longer than the maximum?

No longer than the maximum jail sentence, unless you are being civilly confined.

How long does it take to appeal a jury decision?

Appeal the decision of either the jury or the judge (30-day limit).

Why not post bail and live in the free world?

Why not post bail and live in the free world? If there is no bail then there is likely more evidence than you think.

What is bail in court?

Bail is the amount of money that you pay as guarantee that you will show up to court.

What is the value of a property when paying with bail?

credit. If paying with property, its value must be 20% of the bail.

How long does it take to get a bond hearing?

Your bond hearing must take place within 48 hours of your arrest.

How much marijuana is a felon?

possession of more than 30 grams of marijuana and robbery are felonies.

Which states do not have bail bondsmen?

Four states—Illinois, Kentucky, Oregon, and Wisconsin—do not have bail bonds men.

How long can you be held without trial?

If you mean how long can you be held without trial without your agreement (and under the assumption you are competent to stand trial, and no one questions that), in a misdemeanor case it would be roughly 30 days and in a felony case roughly 60 days if charged by indictment or about 100 days if charged by complaint (arraignment within 2 court days, 10 court days from arraignment to a preliminary hearing, then 15 days to file an information, and then 60 days to trial, court days not counting weekends and holidays).

When do you have to go to court after being in jail?

Typically it depends upon state, and federal laws. Typically there will be some sort of court date soon after initial imprisonment to determine whether or not there is enough evidence to prosecute them for a crime. After that, the court dates can be very long and far between.

How long is the judicial remand period?

Judicial Remand period remains at maximum for fourteen days . After that judicial custodian (Prison) gets it renewed by producing the accused before the concerned court.

How long does it take for bail to be set?

If bail has been set when you were booked, well it could be a week or two before you are arraigned.

How long does it take to get a speedy trial?

The U.S. Supreme Court has ruled that you are entitled to a speedy trial. That has been interpreted to mean within 180 days or six months. There is a catch, it is not automatic. Your lawyer has to petition for a speedy trial for the law to come into affect. Most delays in a case are created by the defense, hoping witnesses will become unavailable, evidence lost or damaged, etc., delays in a prosecutors case could be insufficient evidence in which case they are pushing a deal. To the prosecuti...

How long does it take to file a criminal charge in the US?

In the US, charges must be filed within 72 hours ( 48 hours in some states). At that point, there will be a hearing that will determine if there is probable cause to support the charges. That can be combined with a bail hearing and/or an arraignment, or those actions can be delayed for a few days to a seperate hearing.

How long can you go to jail for realignment in California?

With realignment in California, you could theoretically plead guilty to so many charges (say 200 counts of driving a vehicle without the owners consent) that you would be in jail for the rest of your life (in the example above, the maximum sentence would be 135 years and 8 months).

How long can someone be held after being found guilty?

If you're asking how long someone can be held after they're found guilty in a criminal case, there's usually not an extremely long time between a verdict in a case and the penalty phase of the trial. If you're asking how long someone can be held between the time they are charged and the time trial begins, that depends on the case. The defendant has a right to a speedy trial but both sides want time to examine the evidence and build their case strategy. They also may be granted bail, depending on the charges and how the court feels about the defendant’s trustworthiness tto show up for trial and

How long can you be held for a charge?

You can be held for as long as it takes to bring the charges to resolution. With surprise witnesses, surprise testimony, continuances, change of venue, defendant changes attorneys, District Attorney loses an election, change of prosecuting attorney, Judge dies before the case goes to a jury. Or any other reason.

Why do defendants waive that right?

They, (The defendant) have a right to have the physical evidence examined by these experts. The Defense also needs to locate witnesses.

Why is bail denied?

Bail can be denied for serious crimes such as murder because it would be a risk to the public to have someone that is believed to be a serious risk on the street. Bail can also be denied if someone cannot show that they are tied to the community and it is believed they will likely not show up for court.

How long does it take to get a bail?

Bail is designed as a way to guarantee that someone will appear for trial to determine whether or not they are guilty. It can take a year or more from when a person is arrested until there is a resolution of their case (decision

Why don't people go to jail?

If someone is pretty sure they will be convicted, there may be a desire to run away. Bail is supposed to be large enough that people will show up for court while not being so high that the person has no ability to pay. There are many people who cannot afford their bail and are kept locked up pending trial. If a person is released on bail and decides not to show up for court, the judge will issue a warrant to have them arrested and the money they paid for bail will be lost. If the person paid the bail and does appear, most of the money will be returned.

How long is a material witness in Oregon?

Mar 19, 2015 - A material witness, under Oregon law, is someone with information about a case who's unlikely to appear at trial. The law allows witness detention without any limit, but in most cases it lasts for less than a week. — Oregon witness jailed for 905 days goes free with check for $5,750

How long can you keep your PD on?

The time limit is 30 days, but chances are your BF's PD keeps waiving time, so the clock will keep resetting. You need to tell your BF, "You get what you pay for."

Can a person be released from jail after a bond is posted?

If a bond has been established, he could be released upon the posting of the bond. Otherwise, he may have to sit in jail until trial or until a plea is entered.

Can a public defender be bailed out?

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Unless his offense is a bondable offense and he is able to be bailed out, he will stay in jail until his case goes to trial. If you are not happy with the public defender, your only alternative is to retain private counsel to represent him.