If arrested and incarcerated, how long does the court have to give you an initial hearing on a misdemeanor charge? 56 Answers as of August 20, 2012

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Law office of Robert D. Scott | Robert Scott
Usually within 24 hours, or Monday if arrested on Saturday.
Answer Applies to: Maryland
Replied: 8/20/2012
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
Michigan law requires that if you are arrested for a misdemeanor you are to be immediately taken in front of a judge and informed of the charges against you. The judge may set a bond or release you on your own promise (legal term - recognizance) to appear for the next scheduled event in your case which might be a pre-trial or could even be a trial. The arraignment serves as the initial hearing. After that, the scheduling might depend on the docket of the judge or the availability of the arresting officers and/or complaining witness or witnesses.
Answer Applies to: Michigan
Replied: 8/19/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If you have been incarcerated on the charge, the state should provide a chance to enter a plea (commonly called an arraignment) within a short period of time usually 72 hrs.

Once an arraignment has been done, the speedy trial rights say a person held in custody should be brought to trial within 90 days, if not in custody, within 180 days.
Answer Applies to: Kansas
Replied: 8/13/2012
William L. Welch, III Attorney | William L. Welch, III
The initial appearance before a court commissioner must be within 24 hours.
Answer Applies to: Maryland
Replied: 8/13/2012
Myles Hahn III Attorney at Law | Myles Hahn III
There is a brief period in which they can complete their investigation. Usually after 24 hours or so, they must charge the person or let them go. It completely depends on the facts of the case. Some jurisdictions may allow more time than others.
Answer Applies to: Illinois
Replied: 8/13/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    In accordance with 17.151 of the Texas Code of Criminal Procedure, the DA has to be prepared to announce ready for trial on a misdemeanor within 30 days of arrest.

    They cannot announce ready if there is no charge.
    Answer Applies to: Texas
    Replied: 8/13/2012
    John P Yetter | John Yetter
    Usually the rule is 48 hours to bond court, then they set a date determined by what happens there. It is usually one to four weeks depending on the case.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Kevin Bessant
    Kevin Bessant | Kevin Bessant
    Typically a person who has been arrested on a misdemeanor offense must be arraigned before a judge within 48 hours of the arrest.

    At the arraignment, the charges against the defendant will be read and a bond will be set. This however does not apply if the defendant is on probation and held for an additional probation violation.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    On a misdemeanor charge the only reason why you would be in jail is because you cannot post bail.

    If you are on probation and there is a new offense then they can hold you for two weeks and then conduct a violation hearing with perhaps more jail time.
    Answer Applies to: Rhode Island
    Replied: 8/13/2012
    VALENTE SCHARG & ASSOCIATES | DEAN VALENTE
    arraigned within 48 - 72 hours of arrest
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It is generally scheduled within six weeks, however, there is no set time limit on when the initial court date is scheduled.

    Obviously, the defendant was given a bond hearing, and if not, you should hire counsel for him to motion the case up before a court as soon as possible.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Usually within 48-72 hours not including weekends and holidays.
    Answer Applies to: California
    Replied: 8/13/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    72 hours.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    72 hours - court days, not weekends.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Gregory Crain | Gregory Crain
    72 hours.
    Answer Applies to: Arkansas
    Replied: 8/13/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you are in custody the court has 72 hours to hold your arraignment hearing. This could be extended if weekends or holidays interfere with the time.
    Answer Applies to: California
    Replied: 8/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If in custody, you must be arraigned within two court days of your arrest, which means weekends and holidays don't count.

    If not timely arraigned, you must be released. They can then re-arrest you and start over.

    A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. You are always entitled to represent yourself in court. Whether you should is a different issue.

    The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. Feel free to contact me.
    Answer Applies to: California
    Replied: 8/13/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry Must be arraigned within 72 hours of arrest. Call with questions or if need to hire an attorney.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you are arrested on a misdemeanor the prosecutor has three days to convert the misdemeanor complaint to a misdemeanor information by supplying a supporting deposition unless the police officer witnesses the crime and already provided one.

    The prosecutor then has 90 days to be ready for trial. If you were incarcerated and they failed to do either you would have to be released.

    There is no hearing for a misdemeanor, that is a preliminary hearing and it is for felonies.
    Answer Applies to: New York
    Replied: 8/13/2012
    Herschel Bullen
    Herschel Bullen | Herschel Bullen
    The rules of criminal procedure provide that anyone arrested, with or without warrant, be taken before a magistrate for the purpose of setting bail without "unnecessary delay."

    What an unnecessary delay is, would depend entirely on the circumstances.

    By rule of court, in order to detain a person arrested without a warrant, a determination must be made whether there is probable cause to continue to detain the arrestee within 48 hours after the arrest, otherwise, there is no hard and fast rule.

    Generally, if a prisoner is held after arrest for an "unreasonable" period of time without being brought before a judge, a court would order release on a writ of habeas corpus.

    Decisions on the issue of delay between arrest and arraignment deal primarily with admissibility of evidence obtained from an accused during an unreasonable delay.

    Evidence, usually a confession, may be suppressed if the delay is unreasonable and is a contributing factor to the production of the evidence. Most county or district attorneys have a policy of issuing a "kickout letter" to the jail, if it comes to their attention that a person has been held without charges being filed within a certain amount of time, probably 36 hours, but perhaps up to 72 hours.

    Even then, there might be exceptions, in their judgment, justifying a longer period. And if the situation does not come to their attention, they will do nothing.
    Answer Applies to: Utah
    Replied: 8/13/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    48 hours, typically.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Ginger D. Adair
    Law Office of Ginger D. Adair | Ginger D. Adair
    According to Oklahoma County Court Rules, the court shall file charges within ten (10) days of arrest.

    Once charges are filed, however, arraignment usually occurs within a few business days. I am unsure if there's a rule regarding initial hearing (arraignment) post filing.
    Answer Applies to: Oklahoma
    Replied: 8/13/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    You usually arraigned in court within 72 hours of arrest. At this hearing the judge reads the charges and possible penalties then sets bond.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Law Offices of Steven R. Hunter | Steven Hunter
    If you demand trial, 120 days. If you seek continuances or delay the case, no limit.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Hernan Law Firm | Jamie B. Hernan
    The answer to your question depends on the charge and in which court the case is pending. I would suggest contacting an attorney right away to discuss the case and they can give you more specific guidance regarding the expected timeline and outcome for the case.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    Law Office of Ismail Mohammed | Ismail Mohammed
    Did he/she take a plea or was this a new arrest? If it's a new arrest, he/she should be arraigned within a day or two.
    Answer Applies to: Massachusetts
    Replied: 8/13/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Request a PC 991 hearing. Its done within 48 hours.
    Answer Applies to: California
    Replied: 8/13/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If you are actually in jail, your initial court hearing should be the next court date. If you are arrested on a Friday night, that generally means Monday morning.
    Answer Applies to: Washington
    Replied: 8/13/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    A first appearance will usually happen within 2 days.

    The trial date will generally be within 6 months at the outside unless the defendant requests one or more continuances, in which case it may be longer because of the delay by the defendant.

    Most courts will require a misdemeanor to be disposed within a year no matter which side is asking for delay or how many times.
    Answer Applies to: Missouri
    Replied: 8/13/2012
    Ascheman & Smith | Landon Ascheman
    In Minnesota you are entitled to a hearing by noon of the second business day after arrest. i.e. if arrested on Wednesday the day before Christmas, you would be entitled to a hearing by noon the following Monday.
    Answer Applies to: Minnesota
    Replied: 8/13/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Assuming that you are in custody on the misdemeanor arrest alone (there are no other arrest warrants holding you in custody) then your are to be brought before a court for arraigment on the charge within a reasonable time.

    There is no definition of reasonable time, however anything beyond 72 hours becomes questionable.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    72 hours
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    The law mandates that a person who has been arrested must be brought before a magistrate within 72 hours regardless as to whether the charge is a misdemeanor or felony.
    Answer Applies to: Nevada
    Replied: 8/13/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Thirty days.
    Answer Applies to: New Jersey
    Replied: 8/6/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You should be arraigned within 48 hours of the arrest.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Generally, you must be advised within 72 hours is you are being held in custody.
    Answer Applies to: Colorado
    Replied: 8/13/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under Minnesota's Rules of Criminal Procedure, an arrested person who is not released and who is charged with a misdemeanor offense, must be brought before the nearest available judge of the county where the alleged offense occurred not more than 36 hours after the arrest, exclusive of the day of arrest, Sundays, and legal holidays, or as soon as a judge is available.

    In misdemeanor cases, a defendant who is not brought before a judge within the 36-hour limit must be released upon citation.
    Answer Applies to: Minnesota
    Replied: 8/13/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    You should be brought before the court within 48 hours of your arrest.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The court has as long it wants.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You are taken to first appearance within 24 hours, 365 days a year.
    Answer Applies to: Florida
    Replied: 8/13/2012
    LEATHERS LAW FIRM
    LEATHERS LAW FIRM | A. Wade Leathers, Sr.
    Initial appearance required within 72 hours.
    Answer Applies to: Alabama
    Replied: 8/13/2012
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