QUESTION
How long can someone sit in jail without being convicted?
Asked on Nov 10th, 2012 on Criminal Law - Florida
More details to this question:
My boyfriend has been in jail for a little over two weeks now on charges he did not fully commit and his public defender is trying to get him to cop out to the time the state is offering and she nor he has even seen his discovery yet. I was just wondering if there is a certain amount of time they have to get his discovery or prove his guilt before he can just be released?
6 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Unless his offense is a bondable offense and he is able to be bailed out, he will stay in jail until his case goes to trial. If you are not happy with the public defender, your only alternative is to retain private counsel to represent him.
Answered on Nov 14th, 2012 at 4:10 AM
Michael J. Breczinski
That depends on the State and the charges, but I would expect them to get the charges and the police reports by this time anyway.
Answered on Nov 14th, 2012 at 2:27 AM
The time limit is 30 days, but chances are your BF's PD keeps waiving time, so the clock will keep resetting. You need to tell your BF, "You get what you pay for."
Answered on Nov 14th, 2012 at 2:14 AM
Dennis P. Mikko
If a bond has been established, he could be released upon the posting of the bond. Otherwise, he may have to sit in jail until trial or until a plea is entered.
Answered on Nov 14th, 2012 at 1:59 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You say nothing about the charges. You also say that he "did not fully commit", which implies that he did commit what ever crime you are talking about. Lastly, I assume that the issue of bail has been addressed. Did the judge order "no bail", in which case he sits in jail until trial, or if the judge set bail, perhaps it was so high that your BF could not post, in which case, he remains in jail until trial.
Answered on Nov 13th, 2012 at 1:54 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Many months can expire before there is a trial. We do not even know what the charges are and cannot even begin to answer this question when he already has an attorney.
Answered on Nov 13th, 2012 at 12:52 AM