Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

How long can one be held by the police without being charged?
Find answers to your legal question.





How long can one be held by the police without being charged?


Additional Details
I have a relative who was picked up last night. The police refuse to give my family any information. They say the investigation is ongoing. The police have told us they do not have to tell us anything. They have also said that if I have my relative's lawyer contact them they will not tell the lawyer anything either. Is this legal?


    




Mahatma Coat
Rating
24 hrs, unless it's a Friday or you are in the south.


CHRISTOPHER S
24 hrs


roger k
Who says they have you.


daydoom
It changes from state to state, Federal law mandates 72 hours but people can be released and re arrested, then held for a longer period of time. When a person is obviously guilty they will usually be arrested on multiple charges so that bail will be high enough that a person can be held longer.


James P
Here are the answers for California.

(1) You can be held without "being charged" for up to two business days. Let me explain the whole "being charged" concept. When the police arrest someone and bring them to jail they book them on whatever offense they are believed to have committed. The actual "charging" comes from the district or city attorney. The police can choose to release the person prior to the DA filing charges if doing so serves the interest of justice.

(2) The police have no obligation to provide information on an ongoing investgiation to anyone including the family or the attorney of an arrestee. An attorney can go to the police department where the suspect is being held and request to see the arrestee. The agency must comply with such a request as soon as practicle. Still, the right to have an attorney present during questioning can only be invoked by the person being questioned. So the family, the attorney, and anyone else can demand that the police not question someone without their attorney present, but only the person being questioned can make this happen.

Hope this helps.


*****
I think it is 48 hrs.


fr_chuck
The person being held has a right to an attorney, and would have had the right to call one if they wanted to.

And yes his attorney needs to go down and check on his client.
He can not be refused a visit by his attorney.

No they don't have to tell anyone anything over the phone, and no they will not tell his relations anything, since it is a investigation.

Normally his attorney can force them to charge them or let them go.


cope_acetic
Rating
24 hours.
Don't you watch TV?
(JK)


2feEThigh
after 24 hours if they don't release your relative, contact the media, they love this kind of news. Media will give alot of pressure to the police.


?????
Rating
24 hours at the most


J
72hrs in most cases. The lawyer is only able to interfere if that is the wish of the detainee. He has to ask for one, but upon doing do the lawyer must be present for further questioning otherwise anything said will not be admissible in court.


debbie2243
Rating
48 hrs


Sherrie C
Rating
24 hours without being charged. If they are not giving you info then you don't know if he has been charged or not. Somebody needs to contact an attorney for him and the attorney needs to go make contact in person. I am a dispatcher and cannot give details of an arrest over the phone.


Jeffery C
It depends on the agency and the situation. Under the constitution of the United States an arrested person is required to be brought before a magistrate/judge as soon as possible. However, since magistrates and judges don't always workweekends and holidays, court cases have held that three/four days is not excessive if the situation so dictates. So if a police really wants to screw with someone, they arrest them Friday evening on a three day weekend.

Now if the person is just detained as in an immigration or border crossing situation, the person(s) can be held for sometime. Say a person is suspected of swallowing balloons filled with narcotics. They can be held in a hospital until nature (helped with very strong laxitives) takes its course. Until the first balloon comes out and the contents are tested postive for narcotics, the person can not be charged.

In an immigration case, the alien can be detained for quite a while until an immigration judge can hear the case. Of course the alien could voluntarily deport back to their home country and get out of immigration jail quickly.

In GITMO (US military prison in Cuba) the detainees have been held for years without formal charges. These detentions are under military law and not state or federal law.

Prisoners of war are detained indefinitely without "being charged."


Leigh P
72 hours then the suspect must be charged or released. Moreover, the suspect must be allowed to contact an attorney...HELLO miranda rights. And if I'm not mistaken Mr. C the rule of law applies to illegals as well. The police do not have to discuss anything about the case with relatives unless the suspect is a juvenile and then only with the juveniles mother/father or guardian prior to the juvenile being questioned.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Does yahoo answers treat some users different than others?
i asked areasonable question about the lady that died at a hospital. everyone by now knows the situation. why was it removed? because i defended the police dispacther? he gets ignorant,prank calls ...


 I love my loud truck, but is it true that I can't get pulled over for noise until after 10pm?
I have a chevy silverado with some somewhat noisy pipes on her, and I love my pipes and want the least amount of restriction on the exhaust so she's good n' loud, and I know it's ...


 Which state of the union has exacuted the most people in the last two years?
...


 Police officers, county clerks are they honest?
If you call the county clerk and ask if you have a warrant will they tell you the truth?...


 Who are the Cornish National Liberation Army - what do they aim to achieve?
Found this intriguing snippet http://uk.news.yahoo.com
Their name suggests a terrorist organisation - No?. Can we ...


 Have tasers become an overused tool?
This article presents interesting points of view, and an alternative for tasering: http://www.time.com/time
It is NOT a ...


 How do law enforcers keep from killing?
When people are arrested for raping, killing, kidnapping, or violations of espically children, how do the police keep control? I still believe those who violate others should be taken and stoned as ...


 Did you see Paris Hilton going back to jail?
Did you feel like me and want to smack her as hard as you can for being a putz....


 I got arrested?
i got arrested because one of my friends asked a boy for £1 the victim went and told the police that we mugged him but it was only one boy who went up to him .the police caught us walking we got sent ...


 Do police have to show you the radar gun after speeding? What happens if they don't?
My boyfriend got a speeding ticket in a construction area, and when he asked to see the radar gun the cop told him no. Isn't the law that they are required to make that information available to ...


 Is phil spector guilty, or what?
...


 A cop pull me over on suspicion of drunk driving, I step out the car and he said for get it, can I report him?
I'm 6'5 and 368...


 Street fight legality in UK?
I had an argument with a coworker,so we decided to settle it in a fight, 1 on 1. The bout would take place in a park or a garden. Is it acceptable by a British Law ? No moral advice needed, just ...


 I think the Human Rights laws are damaging my Human Rights, can I challenge there existence?
Criminals getting compensation, kids running riot, I'm not safe on the street or in my house and I can not defend myself. The police have become next to useless because of it.
Additional D...


 Speeding fine and penalty for doing 85mph on dual carriageway (70 limit) in UK?
If I were, hypothetically :-), to be caught t on camera (by a mobile camera unit sitting on a bridge over the dual carriageway) doing something between 80-90 mph (according to me satnav, not my ...


 Killed a man in self-defense, but still feel bad about it.?
Back a week ago, I was burglarized in my home and shot the intruder with a shotgun after he started toward me. However, turning on the light, he wasn't much younger than me. Ended up later ...


 Another ? mom moms boyfriend just got out on parole and he has like 3 class x felons can he be around my guns?
even if the guns are lockup and will they take my guns away from me if they found out that he is living here with guns locked ...


 How do you feel about Capital punishment?
...


 Does Kevlar really protect you from a bullet or does it just minimize impact?
A voice of authority please. Im looking for one that will just make painballs hurt less. I know the pain isnt that bad, but when they hit me in the chest it really hurts....


 If the police have no duty to “protect” the public, shouldn’t the taxes we pay for their “services” ...?
...go to civil servants that actually provide services; like fire fighters, postal workers?

Why, exactly, do we (the taxpayers) pay them...other than because we're forced to?
A...




Copyright (c) 2009-2013 Wiki Law 3k Wednesday, November 26, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.084