How long can a person be held in county jail before going in front of a judge to set bail if arrested and booked at 12am friday?

Attorney answers (4)

1. Licensed in MN

   

   Christopher Keyser

   Minneapolis Criminal Defense Attorney

   Contributor Level 12

   1

   Lawyer agrees

   Answered September 17, 2011 11:41. You must be seen by a judge within 36 hours from the time of arrest, not including the day of arrest, holidays or weekends. In this case, if he was brought in at 12 am, that day (Friday) does not count toward the 36 hours, nor does the weekend. As such, the 36 hours expires on Tuesday at noon.
   
   Regarding the criminal sexual conduct charge, I highly recommend contacting a defense attorney. A conviction for CSC in the second degree, even for a first-time offender, will carry incarceration and registration as a predatory offender.

   • Minnesota Sex Crimes Attorney

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2. Licensed in MN

   

   Benjamin Colburn

   Hastings Criminal Defense Attorney

   Contributor Level 13

   Answered September 19, 2011 09:08. I agree with Mr. Keyser.
   
   Of paramount importance is that the person charged give no statement to law enforcement with first consulting with and hiring an attorney. Many levels of criminal sexual conduct charges can result in a lengthy prison sentence and require registration as a predatory offender, often for no less than 10 years and potentially for the rest of a person's lifetime.
   
   Needless to say, a very serious situation for which hiring an attorney right away is imperative.

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3. Licensed in MN

   

   Christopher Cadem

   Fergus Falls Criminal Defense Attorney

   Contributor Level 10

   Answered September 19, 2011 09:12. I agree with the prior answer. Most courts schedule first appearances and in-custody hearings on Tuesday morning to meet the scheduling deadline.
   
   2nd Degree Criminal Sexual Conduct is a very significant charge with which to be dealing. It comes with consequences that tend to follow a person for a lifetime. Do not take this charge lightly. I would highly recommend contacting an attorney immediately. I would never recommend someone attending even a first appearance without an attorney, as people tend to make incriminating statements in an attempt to lower bail or appear sympathetic to the judge.

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4. 

   Ronald Pichlik

   Battle Creek Criminal Defense Attorney

   Contributor Level 18

   Answered September 18, 2011 17:49. He can be held and arraigned in Monday. If he's being charged with criminal sexual conduct do not expect the bond to be low. He needs an attorney.

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