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?

Asked almost 3 years ago - Tyler, MN

a 19 yr old with NO background of trouble with the law arrested for accusations of 2nd degree criminal sexual contact ...1st time ever dealing with the law

Attorney answers (4)

  1. Christopher Wesley Keyser

    Contributor Level 12


    Lawyer agrees

    Answered . 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.

  2. Benjamin Josef Colburn

    Contributor Level 13

    Answered . 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.

    The content of this answer is provided for informational purposes only, and should not be construed as a source of... more
  3. Christopher Jay Cadem

    Contributor Level 10

    Answered . 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.

    This information is being provided as a courtesy to assist you in seeking representation. It should not be... more
  4. Ronald S. Pichlik

    Contributor Level 18

    Answered . 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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