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    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #1

    Dec 4, 2009, 11:00 PM
    How long do they have to indict you if in jail
    If you are in jail how long does the state have to indict you, before they have to release you?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 5, 2009, 10:42 AM

    Hello C:

    The prosecutor can file charges with or without an indictment from the grand jury. Whomever does it, they only have 72 hours.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Dec 5, 2009, 11:17 AM

    Unless of course you are being held for a terrorist crime, they seem to hold them as long as they want.
    SmellyDogsMom's Avatar
    SmellyDogsMom Posts: 67, Reputation: 3
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    #4

    Dec 6, 2009, 09:06 AM
    Quote Originally Posted by CHERIE_LABAT View Post
    If you are in jail how long does the state have to indict you, before they have to release you?
    In my jurisdiction, there must be a probable cause hearing in district court within 10 days after the arrest, if the person is in custody. After the hearing, the government has 60 days to indict. If not indicted within that time frame, the individual is released from custody, but can be indicted at a later date.

    You can probably find the time frame for your jurisdiction in its Rules of Criminal Procedure.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Dec 6, 2009, 09:39 AM
    Quote Originally Posted by SmellyDogsMom View Post
    In my jurisdiction, there must be a probable cause hearing in district court within 10 days after the arrest, if the person is in custody. After the hearing, the government has 60 days to indict. If not indicted within that time frame, the individual is released from custody, but can be indicted at a later date.

    You can probably find the time frame for your jurisdiction in its Rules of Criminal Procedure.

    I appreciate that you enjoy research but the question is State specific - Mississippi. excon has the answer.
    SmellyDogsMom's Avatar
    SmellyDogsMom Posts: 67, Reputation: 3
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    #6

    Dec 6, 2009, 09:44 AM
    Quote Originally Posted by JudyKayTee View Post
    I appreciate that you enjoy research but the question is State specific - Mississippi. excon has the answer.
    My apologies. I did not notice the jurisdiction in the post. I am so glad that you enjoy posting your criticisms. I probably will keep you busy. :rolleyes:
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Dec 6, 2009, 10:11 AM

    Hello Judy & dogs mom:

    I'd like to take credit, but I can not. I just plunged ahead and didn't look at the state. Before I read mom's answer, it was MY belief that the 72 hour threshold was mandated nationally under the Due Process provision of the Fifth Amendment.

    Now, I see after some research, that not every jurisdiction defines arraignment the same way, and doesn't even call the FIRST appearance in court an arraignment.

    However, in MY view, an arraignment is where charges are read, and it must be held within a reasonable time. In fact, MOST of the research I found states that charges must be levied within 24 hours...

    It's difficult, therefore, for me to believe that a citizen can be held in jail for 10 days (or longer) WITHOUT being charged with a crime... The probable cause threshold you mention, is the threshold the cops need to arrest somebody... But, once he's arrested and IN jail, the threshold MUST/SHOULD be higher. It's time to fish or cut bait.

    The above notwithstanding, I can't find ANYTHING to support my conclusion... Nonetheless, I still harbor it, and I'd be happy to be directed to a site that'll educate me.

    excon
    SmellyDogsMom's Avatar
    SmellyDogsMom Posts: 67, Reputation: 3
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    #8

    Dec 6, 2009, 11:55 AM

    The original question asked how long they have to "indict" you before they have to release you from jail. As I stated, without any research, as it is ingrained in my tiny brain from my days as a public defender, in my jurisdiction it is 60 days. Once charged, and after the district court (the lower court) judge makes a finding of probable cause to bind the defendant over for a grand jury hearing, the defendant can be held for 60 days. After that, the defendant may still be indicted, but must be released from custody.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Dec 6, 2009, 01:13 PM

    Hello again, Mom:

    Couple things... I didn't insult you. Please don't respond as though I did.

    I asked you for a citation, and you gave me your tiny little brain... That may be good enough for PD work, but I'd like something a little more substantial.

    excon
    SmellyDogsMom's Avatar
    SmellyDogsMom Posts: 67, Reputation: 3
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    #10

    Dec 6, 2009, 01:40 PM
    Quote Originally Posted by excon View Post
    Hello Judy & dogs mom:

    I'd like to take credit, but I can not. I just plunged ahead and didn't look at the state. Before I read mom's answer, it was MY belief that the 72 hour threshold was mandated nationally under the Due Process provision of the Fifth Amendment.

    Now, I see after some research, that not every jurisdiction defines arraignment the same way, and doesn't even call the FIRST appearance in court an arraignment.

    However, in MY view, an arraignment is where charges are read, and it must be held within a reasonable time. In fact, MOST of the research I found states that charges must be levied within 24 hours...

    It's difficult, therefore, for me to believe that a citizen can be held in jail for 10 days (or longer) WITHOUT being charged with a crime... The probable cause threshold you mention, is the threshold the cops need to arrest somebody... But, once he's arrested and IN jail, the threshold MUST/SHOULD be higher. It's time to fish or cut bait.

    The above notwithstanding, I can't find ANYTHING to support my conclusion... Nonetheless, I still harbor it, and I'd be happy to be directed to a site that'll educate me.

    excon
    As I stated, the original question asked: "If you are in jail how long does the state have to indict you, before they have to release you?" This is the question that I answered. The question did not ask about the time frame to be brought before a judge on the initial charge, or what have you, after an arrest.

    The probable cause finding that I spoke of is the standard of proof the court needs to find before binding a person over pending a grand jury hearing.

    Lastly, you did not ask for a citation, but stated that you would be happy to be directed to a site that would educate you. However, the rule I spoke of is in the Kentucky Rules of Criminal Procedure, RCr 5.22.
    See, http://www.kybar.org/documents/ky_cr...es/rcr5.22.pdf
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #11

    Dec 6, 2009, 01:44 PM

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