How long after youre arrested is your arraignment supposed to be? 9 Answers as of July 28, 2011

My boyfriend got arrested for larceny. And got out on bond but his arraignment wasnt for 6 days after he was arrested. I have been too many before with family members in jail and as far as I knew the arraignment had to be within 48 hours of the arrest. I was wondering how long after your arrested is your arraignment suppose to be?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
When a person is given an interim bond or released with a ticket, it may take a week or two before an arraignment. When a person's in custody, they are generally arraigned within 48 hours; however, in certain situations due to holidays or factors, it occasionally takes longer.
Answer Applies to: Michigan
Replied: 7/28/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Generally, arraignment is in a shorter time than 6 days. However, if the time period is violated, the remedy is to dismiss the charges and begin again. Any dismissal would be "without" prejudice, which means that they could be re-filed. Where the defendant is not in jail, then the impact is greatly reduced. A suggested approach is to focus on the gravemen of the case, rather than the procedure. If you win the battle but still lose the war, then there was a lot of struggle and cost for an empty victory. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 7/25/2011
Law Offices of Jeffery A. Cojocar, PC
Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
Depends on many factors but no 48 hour or specific time rule.
Answer Applies to: Michigan
Replied: 7/24/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Typically, an arraignment is as soon as possible after arrest. Length of time is dependent on whether the person is in jail. One of the purposes of arraignment is to establish bond. If bond has been established and the person has posted bond, then arraignment can be delayed as it was in this case.
Answer Applies to: Michigan
Replied: 7/24/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
It depends from court to court. It may be anywhere from one week to one month.
Answer Applies to: Michigan
Replied: 7/24/2011
    Attorney at Law
    Attorney at Law | Steven C. Bullock
    The general rule is 48 hours; however, it would not be unusual for that time period to be within 72 hours. Your question isn't clear if he was arrested, bonded out, then arraigned 6 days later. If he was out of jail, then 6 days is no problem.
    Answer Applies to: Michigan
    Replied: 7/24/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    In Michigan the person should be either arraigned or released within 72 hours of arrest. After that an attorney can go get a writ of habeus corpus to get the person out, usually.
    Answer Applies to: Michigan
    Replied: 7/24/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    The rule says without undue delay. That could be days or weeks depending on the reason why there is a delay.
    Answer Applies to: Michigan
    Replied: 7/23/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The 48 hours requirement you are thinking of is when he is in jail. Then he must be arraigned within the time period unless for a very good reason, i.e. weekend, holiday. When you are out on bond, they don't have to rush your arraignment and in some cases can even take several weeks.
    Answer Applies to: Michigan
    Replied: 7/23/2011
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