Is there a time limit for the court hearing after an arrest? 29 Answers as of June 11, 2013

Is there a time limit for the court hearing after an arrest?

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Law Office of Daniel K Martin
Law Office of Daniel K Martin | Daniel K Martin
Yes however it is not as cut and dry as you would expect. The United States Supreme Court held in a case called Gerstein v. Pugh that whatever procedure a State may adopt, it must provide a fair and reliable determination of probably cause a condition for any significant pretrial restraint of liberty, and this determination must be made by a judicial officer either before or promptly after arrest. In California this case has been interpreted as requiring a hearing within three court days from arrest if the person is held in custody. However the remedy for failing to conduct such a hearing has not been settled on. If a person is out of custody, it is much more difficult because a different rule would apply. That rule sales that defendant's are entitled to due process. Due process has been interpreted as reasonable and fair. In reality if a person is arraigned within a year of being arrested, this rule has been satisfied.
Answer Applies to: California
Replied: 9/6/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Generally, in Michigan, if a person is person is arrested and put in custody, they are arraigned within 48 hrs. However, holidays may interfere with that schedule and generally, minor delays do little harm to a case unless they result in the destruction of exculpatory evidence. Generally, if a person is arrested and released with a ticket, they are expected to turn themselves in within a week to three weeks, depending on when the court schedules arraignments. However, if a person is arrested and released, with no formal filed charges, the police may take a while to finish their investigation prior to sending the matter to their respective prosecutor for the issuance of charges. In those scenarios, the applicable statute of limitations may be an issue. It is not usual for the police to take a several months before they formally request charges. However, remember, what a person says or does during that period will have an impact on their respective case. One should never assume that they are in the clear simply because they are released after being arrested; it just may mean the police are busy building up their case prior to formally requesting charges.
Answer Applies to: Michigan
Replied: 9/2/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
There are several statutes that relate to timeliness and how long the prosecutor has to be ready for trial, indict an individual charged with a crime, and bring charges initially, but hearings are scheduled by the judge.
Answer Applies to: New York
Replied: 9/2/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There is no specific time limit any hearing should be held within a reasonable time.
Answer Applies to: Alabama
Replied: 9/2/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
No.
Answer Applies to: Michigan
Replied: 6/7/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If you are taken into custody, the first appearance in court is generally the next available court date. This is generally within 72 hours. If you are charged but out of custody then the arraignment could be about 2 weeks out.
    Answer Applies to: Washington
    Replied: 9/1/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You have to be brought before a judge within 72 hours if you are in custody. You must be arraigned within 14 days of your first appearance in court and you must be brought to trial within 90 days of your first appearance in court if you are out of custody or 60 days if you are in jail on that charge. If you waive speedy trial, the 90 days can be reset. If you fail to appear, the court would issue a warrant for your arrest, the speedy trial time is put on hold.
    Answer Applies to: Washington
    Replied: 9/1/2011
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    The question makes reference to an arrest but does not indicate if a charge has been filed. An individual can be arrested and detained for 24 hours for investigation without a charge ever being filed. In the event that an individual is arrested and a charge is filed at the same time, if no preset bond is posted, there will usually be a court appearance on the next business day. Although there is a guideline provided by the Supreme Court, a final hearing on a case will be affected by the complexity of the case and the docketing conditions of the individual court. Exercising rights to a speedy trial may need affirmative action by a defendant.
    Answer Applies to: Missouri
    Replied: 9/1/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    District attorneys have one year to file misdemeanors and two years to file most felonies. Some felonies have no statute of limitations on filing charges such as murder.
    Answer Applies to: California
    Replied: 9/2/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If you are in custody, the usual time for charging the offense is 72 hours. There would not be a specific time to have a first appearance, but it usually happens relatively quickly after you are charged.
    Answer Applies to: Kansas
    Replied: 9/1/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, of course, but without specific additional relevant facts to clarify the case situation involved in this question, nothing more specific can be offered.
    Answer Applies to: Virginia
    Replied: 9/1/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you are in custody the arraignment need to be within three days. If you were released with a notice to appear the District Attorneys office has up to a year to charge you and have you in court for your arraignment.
    Answer Applies to: California
    Replied: 9/1/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- A person must receive his first advisement within 72 hours.
    Answer Applies to: Colorado
    Replied: 9/1/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry The time period for a Court hearing will vary depending on the offense and whether the person is in custody. In a felony case, a person who is arrested is generally arraigned that same day or within 3 days. Then next Court date will be scheduled within 14 days, and will be a Pre-Preliminary Exam Conference or a Preliminary Examination. It can be later if the time requirement is waived. Where a person is in jail, trial must begin within 180 days or the person is entitled to release on a personal bond, unless it is a capital case where there is no bond. If there is delay attributable to the Defendant, then the period can exceed 180 days. If the person is not in jail, then the 180 days does not apply. If there is a connected parole violation, then the rules are affected. In misdemeanor cases, where the person is not in custody following an arrest, there is no set time limit. If in custody, there are similar rules, but the time period is shorter. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. The timeline for court appearances will depend on the nature of the hearing. For a bail hearing, the defendant must be brought before the court be brought before the nearest available judge of the county where the alleged offense occurred. The defendant must be brought before a judge without unnecessary delay, and 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, as provided in Rule 6.01, subd. 1.
    Answer Applies to: Minnesota
    Replied: 9/1/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    This would depend on whether the person is in custody. As for the trial, a person has a right to a speedy trial but that is not defined by a number of days.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You have the right to a speedy trial but in Alabama this could vary with the seriousness of the charge.
    Answer Applies to: Alabama
    Replied: 9/1/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    Yes, but it is a long time period.
    Answer Applies to: Pennsylvania
    Replied: 6/9/2013
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    There are applicable statutes of limitations for most crimes that require charges to be filed within certain time frames. But, those time frames are not based upon the date a person is "arrested". I would advise you to consult with an attorney and hire an attorney to represent you if you are going to be charged with any violation of the law.
    Answer Applies to: Missouri
    Replied: 9/1/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    For most crimes the state has six years to file charges after an arrest. If no charges are filed in a month or so it is likely that none will be filed. If charges are filed you will receive a summons in the mail.
    Answer Applies to: Washington
    Replied: 9/1/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    There is really no time limit except if one is on deferred and a motion to adjudicate is filed, the defendant can make a request for a hearing & it is supposed to be held within 20 days of the request. As far as a new charge, there is really no time limit. However, the Fair Defense Act says that an indigent person should have counsel appointed within 48 hours of arrest - which happens most the time in large counties but not always in small counties. If a person is sitting in jail and has not been brought to court, the defendant should send a letter to thecourt advising of the status and asking that a lawyer be appointed. If the defendant does not qualify for appointed counsel (isn't indigent), then the defendant can hire a lawyer who can have the case put on the docket as is fit. Sadly, a lot of the smaller counties especially do not have a good system for getting incarcerated persons to court and many sit in jail too long.
    Answer Applies to: Texas
    Replied: 9/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No but if you are kept over 72 hours they have to take you before a judge or release you.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If the party arrested is incarcerated, the prosecution, here in Illinois, has 120 days to go to trial. assuming the defendant demands immediate trial in writing, and continues his demand for trial every time the case is up in court, and does NOT request or agree to a continuance. If on bond, the prosecution has 150 days to bring the case to trial, under the same circumstances as noted above.
    Answer Applies to: Illinois
    Replied: 9/1/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Usually a 2 year statute of limitations, but depends on the case.
    Answer Applies to: Texas
    Replied: 9/1/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    If you are in custody you will have a hearing the next judicial day to set conditions of release. Speedy trial does not begin to run until a charge is filed and you are arraigned. The prosecutor generally has several years to file a charge but you will not be held in custody more than 72 hours unless a charge is filed.
    Answer Applies to: Washington
    Replied: 8/31/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Depending on the level of offense, a person has to be charged within a certain time, usually 36 hours. However the day the arrest occurred does not count in the calculation.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I'm no sure what court hearing you are referring to. You have to be arraigned within 48 hours if possible if you are in jail. If you are out of jail, there is no such time constraint on arraignments. If the charge is a felony, you have to have a preliminary examination within 14 days of your arraignment.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Generally, a misdemeanor case must be filed within a year after the arrest, though there are exceptions. For felonies, generally the longer the DA waits to initiate the prosecution, they run the risk of a dismissal of the case based on a violation of a suspect's Due Process rights. Put simply, it is not fair to expect someone to be able to defend themselves years after an incident happens, due to the loss of potentially exculpatory evidence, fading memories of witnesses, etc.
    Answer Applies to: California
    Replied: 8/31/2011
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