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If someone is arrested and charged with a crime yet the state hasn't officially charged them yet how long do they have before the case gets dismissed?

2006-08-23 03:12:50 · 4 answers · asked by rede2 2 in Politics & Government Law & Ethics

ok he was arrested for taking a cd player back(kid said he stole it) and they had 4 sworn complaints dealing w/ drugs lawyer said he was charged on those- yet the State(fl) hasn't "officially" charged him. I read somewhere that they had 30 days (or 40 if there was good cause shown) otherwise it would be dismissed

2006-08-23 03:46:00 · update #1

4 answers

The general rule is 48 hours from detainment to arraignment.

Of course there are exceptions.

2006-08-23 03:25:15 · answer #1 · answered by blah 4 · 0 0

What state? What charge? What do you mean "charged with a crime" but not "officially charged?" How official do you think it has to be?

If you are arrested on a charge, you are usually arraigned on the next day a court is open. If you made bail, you have to appear the next day or the day set for your arraignment. If you don't show up, a bench warrant will issue for your arrest.

I think there is a great likelihood that you missed your arraignment and there is a warrant for your arrest somewhere. You should contact the court and find out, before they find you.

2006-08-23 03:33:12 · answer #2 · answered by thylawyer 7 · 0 0

It depends on what state you live in. Calif. usually its 3 yrs, depending on the charge. That is if your waiting for the state or district attorney to file. If you waiting for someone else to file charges, it could be 7 yrs. say like for rape. but for basic charges, say you were arresting for drugs or breaking and entering. In calif, the DA has three years to file charges on you. Look at your release papers from the jail. It should give you the information you need. If not, call your local jail anonymously and ask them. They will tell you.

2006-08-23 03:29:26 · answer #3 · answered by A FRIEND 1 · 0 0

2 days.

2006-08-23 03:15:00 · answer #4 · answered by Anonymous · 0 0

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