How long can a person be held in county jail without a court date? 9 Answers as of March 25, 2013

My husband found out he had a warrant on him a little over a week ago. He immediately turned himself in not even knowing what his charges were. We finally got a case number today and I was wondering how long it would be until he has a court date. He is on cash bond only and still in jail.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Well he must have been taken in front of a judge since he has a bond set. As to how long it takes to get a court date is up to the local court.
Answer Applies to: Michigan
Replied: 3/25/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer. He should hire an attorney and disclose all the facts and circumstances.
Answer Applies to: New York
Replied: 3/24/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Generally one goes to court within 48 hours but it depends on the county. Hire him a lawyer to get the case moving. If he qualifies for a court appointed lawyer, one may have already been appointed. Going to court does not necessarily mean anything is being done on the case just as not going does not mean the case is sitting idle.
Answer Applies to: Texas
Replied: 3/21/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
He cannot be on a cash bond and in jail at the same time, if for the same offense. If you have a case number, you should be able to check with the clerk's office and find out when the next court date is. If no date has been assigned, ask the clerk what to do to get him before a judge.
Answer Applies to: Illinois
Replied: 3/21/2013
William L. Welch, III Attorney | William L. Welch, III
Often in state court a person who is detained will appear in the District Court approximately 30 days later. Federal court can be different. In either the person who is accused is supposed to be presented to a judicial office for purposes of bail as soon as possible. Courts do not operate on weekends or on holidays. A bail review by a judge would have to be in court. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
Answer Applies to: Maryland
Replied: 3/21/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    That really depends on why he is in custody. If it is for new charges and he surrendered on the warrant, it depends on whether or not there are felony or misdemeanor charges pending. Normally, on new charges, he will be into court within 3 court days (business days) to be arraigned on those charges. But if he was on probation or parole and the warrant was for a violation the time requirements are much less defined. If he bonded out by posting bail he should not be in custody. On the other hand, most hold in probation/parole violation situations are for "no bail" which means he cannot bond out. So if he has a new case for which he posted bond, and he has a no-bail hold for a probation/parole case, you're wasting your money by trying to bail him out on the stated bail for the new case: he's not getting out. Best advice is to speak to his lawyer and if you don't have one consider getting one to assist you.
    Answer Applies to: California
    Replied: 3/21/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Probably between 30-60 days. Why doesn't he just retain an attorney or request a court appointed attorney and stop guessing when he might have a court date.
    Answer Applies to: Georgia
    Replied: 3/21/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    In Colorado, once arrested on a warrant, you husband will stay in jail until the bond is posted or the case resolves. Depending on the type of case, misdemeanor or felony will dictate when and what are the court dates and time periods for each. If the outstanding warrant was for a failing to appear in court, then a case number was already generated prior to the surrender date. The court clerk where the action is pending should be able to provide you with information regarding upcoming court dates. If you are asking about speedy trial rights (6th Amendment violations) in Colorado, a case must be brought to trial within 6 months of the arraignment or the entering of a plea. I hope this information helps. I would contact the court to find the next hearing date.
    Answer Applies to: Colorado
    Replied: 3/21/2013
    Seth B. Cobin, Attorney at Law | Seth Benjamin Cobin
    Generally, the state has 48 hours, but I have heard of it being delayed due to errors or neglect.
    Answer Applies to: Minnesota
    Replied: 3/21/2013
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