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How long does the court have to do an arraignment?

Orlando, FL |
Filed under: Criminal defense

How many days can u be held in custody after an arrest without being taken to arraignment, and if you are not arraigned in that time what happens?

Attorney Answers 4

Posted

A person can't be held in custody more than 33 days without charges being filed. I would point out that simply because charges are filed does not necessarily mean the arraignment will be within 33 days. There is no rule requiring an arraignment to be within a certain amount of time, however, a defendant has the right to a speedy trial regardless of whether charges have been filed or not. This person needs a lawyer, not only to handle the case, but to address the fact that the person is currently in jail. Depending on the circumstances, they may be entitled to a bond. To discuss this in more detail, please contact me for a free consultation.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Posted

This varies from jurisdiction to jurisdiction. Consult criminal defense lawyer in Orlando for the rules and statutes there. Good luck.

Any response given is not to be taken as legal advice or to create an attorney client relationship.

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3 lawyers agree

Posted

if you are noy being held on other charges you are suppose to be ROR'd after 33 days.

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Posted

The general rule is that if the state has not formally charged you with a crime, you must be released within 33 days. However, for good cause, that can be extended a few days. In any case, you should not be held more than 40 days without formal charges being filed.

If you or someone you know is in jail, I recommend you speak to an experienced criminal defense attorney. An attorney may be able to get the current bond reduced and depending on what type of case it is, may be able to provide information to the state attorney's office to help convince them that the case is not suitable for prosecution.

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