How long can someone be jailed if there is no case or evidence?

Answer 1

Legally you can be held 48 hours before you see a judge or states attorney. If you are jailed over the weekend the jail is required to do what they call Riverside, I believe it is named for a city in Arizona or New Mexico. One of their local jails held an inmate for several months before seeing a judge.

Answer 2

The time you can be held varies widely depending on what state your in, and under what circumstance you were arrested, the crime you supposedly commited, etc.

If you are arrested for suspicion of a crime you can be detained without charges, depending on the state, 48 hours up to 5 days or so.

If charges are filed (you are brought before a judge for arraignment, you were indicted by a grand jury, etc) the sky is the limit. However, generally 2 years is the most I've seen anyone held without trial for a state crime. At that point Judges get anxious about your "rights" and tend to put their foot down: your trial is scheduled, a plea is made, you are released on your own recognizance pending further delay, charges are dropped, etc.

In this answer I am not addressing unlawful combatants, material witness incarceration, contempt of court incarceration, etc. Those are different issues.

Answer 3

If he changed into ARRESTED he both should be charged with a criminal offense or released interior a particular era of time. Dont get too stuck up on the specifics of that aspect because diverse states have diverse guidelines and that i understand from experience that once they are declaring 40 8 hours it ought to bring about extra like seventy 2 because they only "forgot" about you. If being charged, yep, he will be saved see you later because it takes for the case to go back to an end. yet at his initial visual attraction a bond quantity will be set so flow bond him out. My wager at what takes position next is, no matter if the boyfriend receives off the can charge, the youngster facilities branch will be investigating heavily and the mother extra ideal watch herself as a results of the indisputable fact that kid would nicely be taken far off from her. tell the completed tale to the choose and want he sees a reason to trust the tale. If the guy is innocuous a choose has sufficient experience to understand.

Answer 4

I would ask the Courts for a Writ of habeas corpus! They are required to charge you! The Constitution does not allow people to be held with no charges!

If you have already been charged and are still in jail, you will probably remain there until you either make bail or are tried!

Answer 5

They cannot. There must be "probable cause" and if there are no charges, a writ of habeous corpus should be filed, as well as prosecution for false imprisonment.

Now "insufficient" evidence is a different story. To say there is no case and no evidence may be factually incorrect.

Answer 6

well the longest period is about 2-3 weeks without solid evidence and according to the type of case the person is involved in

Answer 7

If you are charged and can not make bail, it can take 6 months or more to get results back from state drug labs, and often the DA will not drop charges that easy even if they don't have much evidence.

I have personally known people who have spend 18 months waiting for a trial only to have chares dismissed for lack of evidnce

Answer 8

Where is this person? In North Korea? Thailand? Burma?
If there is no case nor evidence, why should anyone be locked up?

Answer 9

Depends on the state.

In NYS, 96 hours without weekends included

With weekends, add 48 more.

If that time expires, and no indictment is handed up, your out.

Answer 10

Ask the detainees in Guantanamo Bay