How long can you be in jail without being sentenced? 26 Answers as of July 08, 2013

How long can you be in jail without being sentenced?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
My first advice is to retain a lawyer to assist you with this matter. If you need specific legal advice for your particular circumstances, please consult privately with an attorney. Speaking generally, the court has a lot discretion in terms of bond. While the court-rules provide guidance, appellate opinions are usually deferential towards bond determinations barring some unusual circumstances. Further, holds from other institutions or other pending charges may complicate the situation even more and hinder a person's ability to be released. However, there are some limits. If a person is waiting for a trial while incarcerated, then usually six months is often an important deadline. If a person is in prison and the prosecutor is waiting to file charges, then potentially the 180-day rule may be an issue. However, ultimately, if there are no prior holds or other circumstances which would limit the viability of a bond motion, filing a motion to reduce the current bond amount may be a way to increase the odds of being released until the next court-day. However, if the presiding judge is leaning towards a jail sentence, it may be very difficult to get a reduction in bond prior to sentencing.
Answer Applies to: Michigan
Replied: 10/24/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
It will be indefinite.
Answer Applies to: Michigan
Replied: 9/28/2011
Betts Legal Services
Betts Legal Services | Shawn M. Betts
That depends on several factors. If a warrant was previously issued, if a speedy trial demand was made, etc. If the person has plead and is awaiting sentence, it would be dependent on those factors and also the plea agreement, whether or not pretrial conditions were violated, whether or not the person cooperated with probation, whether they remained law abiding, etc.
Answer Applies to: Minnesota
Replied: 9/28/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Depends on why the person is being held. If the charge is serious enough, or no bond is set, they may be held as long as several months before being sentenced If they are going to receive a custodial sentence all time awaiting sentencing should be counted.
Answer Applies to: Alabama
Replied: 9/28/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
There is no real limit on that, as long as it takes would likely be the best answer.
Answer Applies to: New York
Replied: 7/8/2013
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    That question does not have a definitive answer. There are many variables which could be involved to keep a person in custody for quite some time before sentencing.
    Answer Applies to: Kansas
    Replied: 7/8/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    As long as you are being held for trial and you haven't made bail. Before being charged, 48 hours.
    Answer Applies to: Minnesota
    Replied: 9/27/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    There is no fixed time but a sentencing usually takes place within a month of the conviction.
    Answer Applies to: Michigan
    Replied: 9/27/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Well, once you are taken into custody, there is a statutory clock that starts ticking. You must be arraigned, have a preliminary hearing if it's a felony, have a trial, and - if convicted - be sentenced within certain time limits. Sentencing is the last step in a criminal case; there are many steps which must occur before a sentencing takes place. I'm sorry if this doesn't answer your question but it's unclear if you took these other steps into consideration.
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to communicate with your lawyer, who (in consultation with you) decides when a particular hearing is set, based on your best interest. 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).
    Answer Applies to: California
    Replied: 9/27/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Once you plead to a felony the judge has up to a year to sentence you. If it is delayed longer than a year(without the consent of the Defendant) the judge loses the power to sentence. As to misdemeanors that cannot delay longer than th maximum sentence which is 93 days in many cases though it can be as long as a year.
    Answer Applies to: Michigan
    Replied: 9/27/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That depends on how long it takes to get a probation report, at the most it should take three months.
    Answer Applies to: New York
    Replied: 6/24/2013
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    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).
    Answer Applies to: Washington
    Replied: 9/27/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    I have had a client spend more than four years before we went to trial. Unfortunately, for him he insisted on NOT having a speedy trial demand. With a speedy trial demand 18 months, without a speedy trial demand up to four years.
    Answer Applies to: Georgia
    Replied: 9/27/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    That depends on a number of things. Such as how long is the defendant, his/n=her attorney, the DA and the judge are willing to wait and any statutory limits.
    Answer Applies to: California
    Replied: 9/27/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Is it a felony? Has it been indicted? Has he pled guilty? Is he waiting on some kind of testing on the case? There is no way to answer this question.
    Answer Applies to: Texas
    Replied: 9/27/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    In the State of Washington, sentencing must take place within sixty (60) days of conviction unless the defendant waives that right.
    Answer Applies to: Washington
    Replied: 9/27/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You have to be sentenced to jail. I think, what your mean is how long can they hold you without formally charging you 72 hours.
    Answer Applies to: Texas
    Replied: 6/24/2013
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    Indefinitely, however , speedy trial right must be waived by defendant in custody passed 30 days. If waiver withdrawn, speedy trial rights are put back in place.
    Answer Applies to: California
    Replied: 9/27/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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
    Answer Applies to: Washington
    Replied: 9/27/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No longer than the maximum jail sentence, unless you are being civilly confined.
    Answer Applies to: New York
    Replied: 9/27/2011
    Burdon and Merlitti
    Burdon and Merlitti | Adam Van Ho
    It depends on the nature of the charges and if the person has pled or been found guilty. If the person is awaiting felony trial, absent any continuances that his/her attorney has requested (or other things where time would be charged to the defendant), the general rule is that the person can be held for 90 days before the statute of limitations expire. For misdemeanors, this time frame is shortened. The best advice is to talk to your attorney (or an attorney) about the faces/circumstances of your case.
    Answer Applies to: Ohio
    Replied: 9/27/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    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.
    Answer Applies to: Massachusetts
    Replied: 9/27/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    That depends. Have there been charges filed? Has this person plead guilty? Are they just waiting on a sentencing hearing for a felony plea? Did they request an immediate sentence or is there some kind of restitution or victim issue that needs to be addressed? I would find it hard to believe that they were just being held without being sentenced AND at the same time, not have some reason for withholding the sentence pending more information or a sentencing hearing. This question is better asked to that person's attorney.
    Answer Applies to: California
    Replied: 9/27/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    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.
    Answer Applies to: New Hampshire
    Replied: 9/27/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney