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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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How long can you legally be held in jail without being charged

Customer Question

How long can you legally be held in jail without being charged for a crime? I was held for 12 days in jail without being charged in WY, because they didn't know what to charge me for. They set a $10,000.00 cash bond until they could decided. Was this legal? Also, when I finally was sentenced they made my restitution over the $1,000.00 penalty, without even seeing any documentation of the costs.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 6 years ago.
Thank you for using JustAnswer!

As a general matter, when a person is arrested and held, a person can only be constitutionally held for 48 hours before they must appear before a judge/magistrate to be arraigned on the charges.

Anything over 48 hours is presumed to be unconstitutional unless the prosecutor can articulate a really, really good reason why they couldn't make a charging decision within that first 48 hours.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!