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MaggieD

How long can you be kept in jail before you must be tried for a crime?

Caduser:

You can be kept only 24 hours if you are not charged now if you are charged you can be kept as long as the investigation continues

MaggieD:

Thanks, Pierre...I was thinking of Robert Blake -- and another guy that was actually held five years (no bail allowed) before they brought him to trial. Personally, I think this is very unfair. I thought we had some constitutional protection...

Caduser:

Agreed is a pain yet its the way things work.... I have a friend that was held for 6 months before they found out that they didn't had a case on him... ( and he had really good lawyers)

MaggieD:

Very bad stuff. Thanks, Pierre. And, by the way, I notice you have a half-star now!!! Not surprised at all. Always great answers!

Spazzataz:

It depends on the state:

In FLorida you have to charged in in order to be taken to jail. Once there the state has 21 days to file charges with the state attorney and then after that it all depends on bail and the judge if yo get out before trial. SOme people sit i jail for a couple of years before trial takes place. One of the problems with our system.

Ohio as 90 days to file.

In Florida we can forcably hold someone against their will for 24 hours. EIther you arrest someone and charge them or talk to them and let them go.

If you are picked up for "questioning" they can only do so for so long before they have to let you go or charge you. Florida courst have ruled differently i differnt cases but I have not heard of many lasting more than 12 hours or so. Best to request an attorney, not answer any questions and then request to be released if your not being charged.

MaggieD:

Yep, I sure agree. I had no idea one could be held without bail for years before going to trial. That's not right.

Spazzataz:

Well that goes back to the serious crimes like murder or if someone is a flight risk. Say someone kills several people, the judges will more than likely not give them bail and old them until trial. Then I can see it. Does that help??

MaggieD:

It does, Chris, thank you! Hope I never get wrongly accused!

Chica:

Hi MaggieD, the 6th amendment of the constitution does guarantee every defendant in a criminal case the right to a speedy trial

But

It actually applies more to the defendants that are unable to make bail since they're incarcerated already and are deprived their freedom of liberty, they're cases would come up for review (trial) much quicker than those out on bail and there's a distinct dis-advantage to that....An indigent defendant that requires the services of legal aid is not going to have the case as fully investigated as it should be. Not because legal aid attorney's are incompetent but because of their horrendous case loads and lack of resources. Legal aid attorneys are very good at getting the best deal as possible for their clients.

In the cases of those out on bail there are still restrictions on how long a case can be brought before the court and judges don't like them dragging on for years, the usual reason is that many defendants out on bail are able to afford expensive attorney's who can continue to drag a case on for a number of years through legal maneuvering maintaining that their investigation is still continuing.

But the part that disturbs me the most is when our founding fathers devised our present system of bail, it was intended to allow the defendant to remain free on bail until their case was heard........Now it's being used to keep defendants in jail because they can't afford to meet the bail being set and the courts are fully aware of that.

Hope this helped/sorry for the rant.

Martha:

ask those at guantanimo they would love trial

MaggieD:

Yeah, ain't THAT the truth? I wonder if they're governed by U.S. law...Thanks, Gillan69.

Caduser:

The problem with the detainees in Guantanamo is that they are not considered standard prisioners yet War prisioners not POW's since they didn't had uniforms that marked them as part of an army so that is the reason most of the Geneva convension terms dont apply to them.... (Or at least that is the excuse)

Martha:

the US should hold their head up and say they are better than that and give them all fair trials

Caduser:

agreed... but how can you proceed with a trial if you have no evidence against the acused?

Martha:

the same way you do it in every US court of law

Martha:

if no evidence exists then they should be freed

CAHOON!:

I believe in PA it's 24 hours but usually they don't take you into custody unless they are ready to charge you.

John:
Check the jails and you would be surprised how many people are in jail for years and not even been to cout or anything. I have seen people as far back as 2007, and here it is April 2011. Why does this happen and it is all over the United states.
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