How long, after a person is arrested, does it take to get a court date?

Asked about 1 year ago - Lake Charles, LA

My fiance was arrested a month ago. He is still in jail because we do not have the money to pay his bond. I was wondering how long he'd possibly have to be there before he gets to go to court for his charges?

Attorney answers (1)

  1. Elizabeth B Carpenter

    Contributor Level 12

    2

    Lawyers agree

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    Answered . It depends on the charges that he is facing. See La. Code of Criminal Procedure 701.

    "The time period for filing a bill of information or indictment after arrest shall be as follows:

    When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within forty-five days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony.

    When the defendant is continued in custody subsequent to an arrest, an indictment shall be filed within one hundred twenty days of the arrest if the defendant is being held for a felony for which the punishment may be death or life imprisonment."

    Sometimes, the state of La. doesn't file the bill of information or indictment within the prescribed time. At this point an attorney must file what is called a 701 motion.

    This communication is for information purposes only, not legal advice. No attorney client relationship is form.

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