They have a total of 40 days that they can hold him without filing formal charges (30 days but with good cause they can have that extended to 40) If formal charges have already been filed then he can be held indefinately. I would suggest you hire a lawyer for him to get things moving on his case.
I assume the 180 days that you are referring to is the right to a speedy trial. That right is generally waived if he or his attorney asked for a continuance somewhere along the way.
Daniel M. Berman
This is not to be considered legal advice nor does an attorney-client relationship exist.
If you son has been charged with a felony, the State has 175 days to bring him to trial. At the 175 day mark, his lawyer can file a notice of experiation of speedy trial. This puts the court on notice that speedy trial has run. The court must schedule a hearing within 5 days of the notice and then bring him to trial within 10 days of that hearing. If not, he could move for dismissal.
If he has waived speedy trial, none of this is applicable. Consult his lawyer immediately.
You are referring to the speedy trial statute. However, if your son or his lawyer requested a continuance, then the 180 limit no longer applies. If your son feels the state attorney is dragging their feet, he can have his lawyer file a speedy trial demand which will obligate the court to bring him to trial within 60 days of the demand.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
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