what i mean is that say someone is arrested, but as court cases take a while to process, where does the suspect go in the meantime? they can't let him get away, so do they just keep him hanging out in a cell?
2006-11-04 05:36:51 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes he/she is put in a local jail until the first appearence. Then its decided whether bond is necessary or not. If not then he/she will remain in jail until a plea bargain or trial is arranged. If a plea bargain is aranged and excepted then he/she is taken to prison know as General Population. If a trial is going to be set then he/she will be in jail or prison depending on when the trial begins.
2006-11-04 05:44:19 · answer #1 · answered by RedRoseofDesire 1 · 0⤊ 0⤋
JohnnyBravo is correct.
There is a short time (max 48 hours in most jurisdiction) between the arrest and when the person gets to appear before a judge and ask for bail. Bail is not always granted, such as when the charges are very severe or if there is a strong flight risk.
If bail is denied (or the person cannot afford the bail set), then he sits in jail until the court case is resolved. In many situations, the time spent in jail waiting for the trail is longer than the actual sentence. Which is why someone can be sentenced to "time already served".
2006-11-04 06:38:57 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
A suspect has the right to due process. He can be held after he is charged and arraigned. All suspects have the right to have reasonable bond set for them after they are charged, and that is up to a judge to determine.
There are many cases where the judge sets the bail extraordinarily high or refuses to set a bail at all because the defendent is a flight risk...meaning everyone knows that he is going to run and try to never be found again.
2006-11-04 05:39:17 · answer #3 · answered by tjjone 5 · 1⤊ 0⤋
Well, depends on whether Bush calls him a combatant! Then they can lock him up and throw away the keys!! He would have no habeas corpus rights to a civil court to see why he was being held! And no access to a civil court or lawyer!
These are the bill of rights as they used to mean! Bush has changed them somewhat, especially the 5th, 6th and 8th Amendments!
Any person has a right to bail, but it depends on the circumstances as to what it wikll be!
A few have bail set so high the can never make it and some have none if a horrific crime, the person is a danger, and his risk of flight is substantial.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
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Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
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Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
2006-11-04 05:48:45 · answer #4 · answered by cantcu 7 · 0⤊ 1⤋
either he gets out on bail or he stays in jail until his case comes up
2006-11-04 05:39:21 · answer #5 · answered by uknowme 6 · 1⤊ 0⤋