How long can a county jail keep you before sentencing you? 6 Answers as of January 31, 2014

My son has been in jail for 5 months and has not been sentenced. How long can they keep him without sentencing him? There must be a limit to this, I feel like we're in a third would country.

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Fluhr & Moore, LLC | Steven S. Fluhr
He can be held in jail awaiting trial indefinitely unless he demands a speedy trial properly under the law. If he has been found guilty and he is still not sentenced, then he can not be held longer than the maximum sentence for the offense.
Answer Applies to: Missouri
Replied: 1/31/2014
Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
A person has a right to a trial by jury within sixty (60) days of being incarcerated; however, there are a myriad of reasons that this time might be extended. This depends upon the complexity of the charge (seriousness) and the need for the attorney to locate witnesses, obtain experts, and otherwise prepare adequately for the client's defense. After a conviction, there may be a presentence investigation that is being completed at request of the Judge. There are a myriad of details to each circumstance that make this a difficult question to answer cleanly.
Answer Applies to: Oregon
Replied: 1/30/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It depends on the situation, see an attorney. When he is sentenced he will normally get credit for time served.
Answer Applies to: Michigan
Replied: 1/30/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
You have not said what type of crime this is for or the maximum sentence that he could receive for it. This would make a difference in my answer. In Michigan the person has to be sentenced within one year of pleading or being found guilty. However they can't keep a person longer than the maximum possible sentence.
Answer Applies to: Michigan
Replied: 1/30/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Obviously, everyone involved, except you, knows that the sentence will involve a year or more. It was not a negotiated plea, otherwise you would know what he is getting. So, there was a trial, and a conviction. If the judge, prosecutor and defense attorney know that the sentence will involve five or more years in prison, who cares if he is sentenced immediately after conviction, six months later or 12 months later. It does not matter, because he will still be incarcerated. What is third world about that? Did you retain his attorney? No, then you feel third world because you are destitute.
Answer Applies to: Georgia
Replied: 1/30/2014
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    The jail can hold him until he is sentenced or until he has the appropriate "Bond" posted with the court as required by the judge. You need to check with the Clerk of the Court to ascertain just exactly what Bond is authorized on his case.
    Answer Applies to: Missouri
    Replied: 1/30/2014
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