My question involves criminal law for the state of: fl How Long Can Someone Be Detanted in Jail Without a Pretrial for murder 2 w/deadly weapon
My question involves criminal law for the state of: fl How Long Can Someone Be Detanted in Jail Without a Pretrial for murder 2 w/deadly weapon
How long has this person been in custody? Have they had a first appearance yet? Pretrial release decisions, I assume that is what you are referring to, are normally addressed at the first appearance. Given the charge, it is entirely possible it will not be granted and the person will remain in custody until trial.
Arraignment and pretrial can be months after the arrest. He should, as free9man alludes, have had an initial appearance within 72 hours.
My ex got arrested a year ago almost for a robbery. He still has yet to have his pre-trial or his trial. It has been continued three times. By the time he has the trial (if not rescheduled) will be over a year since arrested. He's out on bail though. He had a first appearance within 72 hours though. Got arrested on a Fri, court Monday I think. Maybe? I don't remember. He had two appearances in that first week though. But multiple things have caused a delay in the trial - first his lawyer said he hadn't had a chance to talk to him. Then he was in jail for probation sanction. Then some experts couldn't make it for the next scheduled date. Then this last change from Feb was due to county attorney wouldn't have time due to "tax stuff." So it can take awhile.
He went in front of a judge within 24 hours and a probable cause determination had to be made within 48 hours - they're usually done at the same 24 hour first appearance. If the judge determines that no amount of bail will ensure appearance in court for trial then he can be held on a no bond status until trial. He was entitled to trial within 175 days unless he waived speedy trial. If he waived, he can still file a demand for speedy trial to speed things up.