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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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when someone is arrested and takin to jail, how long do they

Customer Question

when someone is arrested and takin to jail, how long do they have to charge them? And if they dont have any charges on them how long are they legally allowed to keep them detained?And is there some kind of code i can say as a right to release this person because they have not charged them?


 

Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Welcome and thank you for your question!

As a general matter (unless the prosecutor can show unique and justifiable circumstances), an arrested person must be arraigned by the judge within 48 hours of arrest. This principle was established by the U.S. Supreme Court in County of Riverside v. McLaughlin, 500 U.S. 44 (1991).

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Thanks,
~~ J.B.
Expert:  JB Umphrey replied 5 years ago.
Hi there. I'm just following up with you to see how everything is going.

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~~ JB