QUESTION
How long can a county jail keep you before sentencing you?
Asked on Jan 23rd, 2014 on Criminal Law - Georgia
More details to this question:
My son has been in jail for 5 months and has not been sentenced. How long can they keep him without sentencing him? There must be a limit to this, I feel like we're in a third would country.
4 ANSWERS
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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He can be held in jail awaiting trial indefinitely unless he demands a speedy trial properly under the law. If he has been found guilty and he is still not sentenced, then he can not be held longer than the maximum sentence for the offense.
Answered on Jan 31st, 2014 at 9:40 AM
Alimony Attorney serving Klamath Falls, OR
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EveLyn Oldenkamp
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A person has a right to a trial by jury within sixty (60) days of being incarcerated; however, there are a myriad of reasons that this time might be extended. This depends upon the complexity of the charge (seriousness) and the need for the attorney to locate witnesses, obtain experts, and otherwise prepare adequately for the client's defense. After a conviction, there may be a presentence investigation that is being completed at request of the Judge. There are a myriad of details to each circumstance that make this a difficult question to answer cleanly.
Answered on Jan 30th, 2014 at 9:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends on the situation, see an attorney. When he is sentenced he will normally get credit for time served.
Answered on Jan 30th, 2014 at 1:23 PM
Michael J. Breczinski
You have not said what type of crime this is for or the maximum sentence that he could receive for it. This would make a difference in my answer. In Michigan the person has to be sentenced within one year of pleading or being found guilty. However they can't keep a person longer than the maximum possible sentence.
Answered on Jan 30th, 2014 at 1:12 PM