My ex-boyfriend of 11 years (whom I have 4 children with) was arrested almost 4 months ago for stealing a truck. He is in the county jail. He has not been sentenced and there is no pending court date at this point in time. How long can someone just sit there with nothing happening? Isn't there some sort of speedy trial law?
2006-08-28 05:36:07 · 9 answers · asked by Anna 1 in Politics & Government ➔ Law & Ethics
to speed up the process you would have to hire a lawyer, but my guess would be you can't afford one. nothing against you and forgive me if I'm wrong but that's the way it sounds. but on your own there's not much you can do. he committed a crime and got caught, now he is in the hands of law and sometimes it takes a long time to even get to court for the 1st hearing.
2006-08-28 05:42:46 · answer #1 · answered by pupsik_2001 2 · 0⤊ 0⤋
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2016-06-11 03:43:14 · answer #2 · answered by ? 3 · 0⤊ 0⤋
I believe the district attorney has 72 hours to arraign an individual and at the arraignment a plea is entered and a bond is set or declined depending on the crime, number of offenses, and risk of flight. If the plea entered was mute, insanity, or not guilty A pre trial date is set at arraignment. I believe each State has different time requirements pre trial dates. If, on the other hand, the defendant plead guilty than a sentencing date would normally be issued right then by the judge.
If the defendant plead not guilty, went to a pre trial hearing and was bound over to the circuit court than he will wait the allotted time by law for the trial to commence. The trial can take as long as it takes and at it'd conclusion the day of sentencing is usually decreed immediately by the judge.
If you are telling us that he either plead guilty or has been found guilty more than 4 months ago and has yet to be sentenced on this, assuming you live in the USA or UK, I would be in touch with an attorney immediately.
Something is not adding up here???
2006-08-28 05:59:34 · answer #3 · answered by Juble 3 · 0⤊ 0⤋
After his initial arrest, he has to be formerly charged before a judge within 72 hours. After that his trial date should have been set, unless he plead guilty. Where is his lawyer? If he cannot afford one, a lawyer should also have been appointed by the court. If he does have one, he is the one to find out what is going on. Yes you are assured of a speedy trial under the 6th amendment. But the Supreme Court never placed a specific time limit. A delay can be allowed under certain circumstances, i.e.locating a witness. But the prosecution cannot cause a delay for it's own advantage. If your friend had his rights violated the charges would be overturned or dismissed.
2006-08-28 05:56:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Just do yourself a favor and get a lawyer for this one. I always thought it was 72 hours, but laws vary from state to state, and this is a delicate situation. One in which you definately need legal counciling from a lawyer or public defender.
2006-08-28 05:43:51 · answer #5 · answered by Ryan 4 · 0⤊ 0⤋
I'm not sure, but I think it is 24 hours. It may vary depending on what state it is. The best advice I can give you is to talk to a lawyer.
2006-08-28 05:43:00 · answer #6 · answered by shea_8705 5 · 0⤊ 0⤋
People sit in jail for more than a year sometimes, depending on the crime. So much for innocent until proven guilty huh?
2006-08-28 05:45:38 · answer #7 · answered by David 2 · 0⤊ 0⤋
has he been charged? most states one must formally be charged with in 72 hours...and must then have a preliminary court hearing with in 90 days...beyond that not sure ...by your post it sounds as if he has already been found guilty on a charge...sometimes takes up to a year to be sentenced but they will take in to account time served.
2006-08-28 05:44:06 · answer #8 · answered by ladysilverhorn 4 · 0⤊ 0⤋
I believe its as soon as the judge is open to see him
2006-08-28 06:06:32 · answer #9 · answered by Noah's Mom 2 · 0⤊ 0⤋