Jail Question, being held without charges...

[my58vw]

Hello everyone.

I have been reluctant to post this question after the response to my last one. Please do not flame me, this is a legit question I was asked by an individual at my work and I want to get feedback from LEOs before opeingin my mouth about this one.

If an individual is arrested for a crime, more likely a felony and is taken to jail can he be held for a time before charges are filed? What is the typical time limit, 6 hours, 24 hours, 3 days, etc? In my experience an jail can hold you for a while before charging but since I am not a LEO I wanted the answer from you guys.

A probably situation is a person is arrested after killing an individual. The person is found with a gun and is arrested at the scene. The DA (or whoever charges) wants to charge but is not sure of the charge (i.e. manslaughter or murder or no charges). Can the person be held or what is the process.

Maybe along the same lines but when a person is booked are they officially charged at that time?

Sorry for all the questions, remember the answers are for someone else and not me. Thank You

[my58vw]

Sorry for some of the spelling but I can not seem to edit in this forum?!

[mcsap]

IN my state, the person can't be jailed unless they are charged AND arraigned in front of a judge. We can hold them at the station while doing the charges but it isn't considered jail. In a death, we can charge with open homicide for which there is NO bail. Later, the charge can be refined as the investigation finishes.

[acreature]

All arrestees in NC must be produced in front of a Magistrate or Judge within a reasonable amount of time after an arrest, and charged. All Felony arrests are processed in front a Magistrate, and given a first appearrance at the next District Court Session.

[Bearcat06]

In the State of Missouri, we can place someone on an 20 hour investigative hold. Around here (not sure about the rest of the state) we have to clear it through the County Prosecutor before we can actually do it. Not a real big deal in the scheme of things. When hour 20 hits, they have to be released or a warrant has to be issued by the court to continue to hold them.

[my58vw]

When does the Magistrate allow for charges to be filed? Are they only avalable Monday - Friday at certain times (i.e. in the morning) or are they 24 - 7.

Sorry one more question.

When someone is charged with a mistomenor (lets say engaging in a speed contest) and it occurs on a Friday (typical day) does their bail hearing get delayed to the next business day? If yes does that mean they spend the weekend in jail?

Thanks Again

[121Traffic]

Sometimes a security officer can be a LEOs best friend...

Is your sig for real?!

And, I have to say it....MISDEMEANOR!

This might just turn out to be the longest, most developed case of tro---no I won't say it.

[acreature]

When does the Magistrate allow for charges to be filed? Are they only avalable Monday - Friday at certain times (i.e. in the morning) or are they 24 - 7.

Sorry one more question.

When someone is charged with a mistomenor (lets say engaging in a speed contest) and it occurs on a Friday (typical day) does their bail hearing get delayed to the next business day? If yes does that mean they spend the weekend in jail?

Thanks Again

Magistrates in my County work 9-5 mon thru fri. After hours, and for weekends, we have a rotation of Magistrates that are on call for LE and emergency situations for the public.

[tpd_six]

Here when we book someone in the jail without a warrant, we have to fill out a probable cause statement which is witnessed by a corrections officer. It then has to be signed by a judge within 48 hours stating there was probable cause for the arrest, or the arrestee has to be released. Charges then have to be officially filed by the prosecutor I believe within 72 hours if bail has not been posted in order to hold them. A court may grant an extension to the prosecutor, however.

There is a bail schedule which lists the standard bail amounts for each offense. The arrestee can pay the standard amount or obtain a bondsman and post bail at that amount, unless it is changed by a judge.

[121Traffic]

Here, we can hold in our facility for 8 hours pending charges. They can then be released, STILL pending charges.

Before they can go to County, we have to fill out a Probable Cause Affadavit for a Warrantless Arrest, which then has to be signed off on by a judge within 48 hours (I believe).

[acreature]

Here, we can hold in our facility for 8 hours pending charges. They can then be released, STILL pending charges.

Before they can go to County, we have to fill out a Probable Cause Affadavit for a Warrantless Arrest, which then has to be signed off on by a judge within 48 hours (I believe).

All we have to do is Swear or Affirm to the facts for PC, in front of the Mag. The Mag then issues a Mag Order.

[my58vw]

Is your sig for real?!

And, I have to say it....MISDEMEANOR!

This might just turn out to be the longest, most developed case of tro---no I won't say it.

Ok one day I will learn to say it... write it 5 times in a row...

MISDEMEANOR MISDEMEANOR MISDEMEANOR MISDEMEANOR MISDEMEANOR

Well maybe I can spell it now...

As to the sig being real, I agree, not everyone can see that but sometimes a security officer is the first on scene, and what he or she sees can sometimes make or break a case for PC for a search or a case. For example, I witnessed two individuals having sex on school property. One turnout ot to be under 18 one over. The guy tried to deny that anything happened but I saw it and made a statement, etc and it was enough to have the person arrested (with the victims statement also). Conviced I do not know yet, maybe.

You may not agree but everyone will feel different.

Lets not go to the tro... (did not want to spell it) again.

Sig removed to preserve the peace

Thank you everyone else for the answers to my question.

[JD45]

In CA or at least San Mateo County if it's not a warrant arrest we can book you into jail for up to 48 hours. We have to fill out a probably cause form for a judge to review. If he reviews it and sees it was a good arrest then you can be held to either post bail, be O.R'd or see a judge when available. Of course this all depends on the type of crime as well.

[SeVere]

48 hours typically 72 hours in the most extreme circumstances (very rare) before they have to see a judge. We let them go if we have to and get them again, though sometimes its hard.

[corporal716]

In California you must be taken to court within 48 hours. If you are released prior to that with no charges filed, the DA has one year to file, but can not hold you in custody.