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How long does the court have between arrest and arraignment?

Redmond, WA |

My husband was arrested Thursday at 11:00 am and booked at 12:30 pm. He is not due to see a judge until Monday at 1:00pm....that is over 72 hours...is this legal?

Attorney Answers 3


  1. Weekends don't count. Nice, huh?

    Depending on the charge, priors, etc, bail will be a matter of contention at arraignment - meaning he might go back to jail after arraignment. Bail is meant to ensure the defendant will show up at future hearings and to protect the public from potential harm. Facts such as employment, length of WA residency, nearby family, prior failures to appear, etc matter. As do whether this is a violent charge and the facts surrounding the charge, and whether priors are violent and his demeanor in jail this weekend.

    Hiring an attorney to address these issues could reduce the bail to something your family can afford, or even allow him to be freed without any bail at all (non-violent, first time offenders with strong connections to the community).

    Good luck.


  2. Unfortunately, weekends do not count. Whether your husband gets out will depend on what he was arrested for. You might have to post bail. Contact a local WA criminal attorney to discuss. They might be able to get him released without the need to post bail.


  3. I handle mainly criminal and traffic infractions out of my office in Redmond. There are a few time limit considerations in rules for courts of limited jurisdiction (i.e. if he is being charged in municipal or district court. CrRLJ requires probable cause determination within 48 hours of arrest if not made prior (i.e. if not arrested on a warrant). The accused is entitled to a preliminary appearance no later than the close of business on the next court day after arrest. Finally, nobody can be detained for more than 72 hours without being charged. All of these requirements are found in CrRLJ 3.2.1 which is available at http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=CrRLJ&ruleid=cljcrrlj3.2.1. Unfortunately, even if the prosecutor violates one of these time requirements, there it usually no cause of action other than to force future court dates to be scheduled earlier. I highly recommend contacting an attorney before your husband's appearance.

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