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

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?

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Attorney answers 1

Posted

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.

Asker

Posted

After reading up more on the topic I ended up getting really confused. If you can Please try to help me understand.. The person got arrested a month & a half ago. He is still in custody but has had a bond set & assigned a public defender. We are unable to afford to pay his bond/bail. My question is, does the 701 code apply to him? I called the local District Attorney's office and they told me no court date has been set because it was still under review.