Getting arrested can be an extraordinarily stressful experience, both for you and your loved ones. There's a lot to think about during this time. You need to understand:
These concerns only get magnified the longer the police hold you in custody. But knowing more about the arrest process and your rights can make being arrested slightly less stressful.
So, how long can you be held without charges? There are limits based on the Constitution and federal and state laws. Read on to learn how these limits might apply to you.
The Right to a Speedy Trial: The Constitution and State Time Limits
The right to a speedy trial is guaranteed to criminal defendants by the Sixth Amendment to the U.S. Constitution.
A "speedy trial" basically means that the defendant must be "tried" for the alleged crimes within a reasonable time after being arrested. Being tried means the prosecutor reviews the crime and its details and then decides if they want to pursue a criminal case. The case could go to trial, be dropped at a later point, or be resolved through a plea agreement that's accepted and adopted by the trial judge.
The Right to a Speedy Trial: State Time Limits
Although arrestees cannot be held without formal charges for an unreasonable amount of time, the Constitution does not specify what this time is. Because these limits are not established in the Constitution, they are typically set by the states. This means that these limits often vary on a state-by-state basis.
As a general rule: If you're placed in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours.
Many states adhere to this 72-hour limit. Sometimes, no charges are filed, and you will be released. There will not be anything on your criminal record, but you will still have an arrest record.
Factors That Determine How Long You Are Held
How long you can be held without charges will depend on a few factors. The U.S. Supreme Court has protections for defendants, and these protections keep you from being forced to serve lengthy jail times before a conviction.
Speedy trial rights also lessen the time the accused must endure the anxiety and publicity of an impending trial. These limits also minimize the damage that a delay might cause to the person's ability to present a defense.
The Decision to Charge
If you're arrested, a prosecutor will review your case before making an independent decision on what charges should be filed. A prosecutor is not bound by the initial charging decision; they may later change the charged crimes once more evidence is obtained.
If the prosecutor doesn't bring charges within the time limit, the police have to let you go. A failure to do so may be a violation of your rights.
Violation of the Speedy Trial Right: Remedies
If you're detained, but not booked within a reasonable time, your attorney may go to a judge and obtain a writ of habeas corpus, which is an order issued by the court, instructing the police to bring you before the court so that a judge may decide if you're being lawfully held.
Get a Handle on Your Criminal Charges: Call an Attorney Today
Timing is essential, and your freedom is the highest priority. This is especially true when an arrest is made, as arrests can trigger strict law enforcement requirements.
If you're still unsure about how long the police may hold you without charges, you need to talk to an experienced criminal defense attorney near you.