If arrested and incarcerated, how long does the court have to give you an initial hearing on a misdemeanor charge?

Question

Austin Hirschhorn · Answer

Michigan law requires that if you are arrested for a misdemeanor you are to be immediately taken in front of a judge and informed of the charges against you.  The judge may set a bond or release you on your own promise (legal term - recognizance) to appear for the next scheduled event in your case which might be a pre-trial or could even be a trial.  The arraignment serves as the initial hearing.  After that, the scheduling might depend on the docket of the judge or the availability of the arresting officers and/or complaining witness or witnesses.

John Patrick Yetter · Answer

Usually the rule is 48 hours to bond court, then they set a date determined by what happens there.  It is usually one to four weeks depending on the case.

Dean Valente · Answer

arraigned within 48 - 72 hours of arrest

Kevin Bessant · Answer

Typically a person who has been arrested on a misdemeanor offense must  be arraigned before a judge within 48 hours of the arrest. 

At the  arraignment, the charges against the defendant will be read and a bond  will be set. This however does not apply if the defendant is on  probation and held for an additional probation violation.

Mark Smith · Answer

On a misdemeanor charge the only reason why you would be in jail is because   you cannot post bail.

If you are on probation and there is a new offense  then  they can hold you for two weeks and then conduct a violation hearing  with  perhaps more jail time.

Dennis Roberts · Answer

72 hours - court days, not weekends.

Michael J. Breczinski · Answer

72 hours.

Francis Cowhig · Answer

Usually within 48-72 hours not including weekends and holidays.

Eric Sterkenburg · Answer

If you are in custody the court has 72 hours to hold your arraignment hearing. This could be extended if weekends or holidays interfere with the time.

Gregory Crain · Answer

72 hours.

Terry Nelson · Answer

If in custody, you must be arraigned within two court days of your arrest, which means weekends and holidays don't count.   

If not timely arraigned, you must be released.  They can then re-arrest you and start over.   

A little free advice:  exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.     You are always entitled to represent yourself in court.  Whether you should is a different issue.  

The conventional wisdom is that an attorney will be able to do a better job and get a better outcome.  Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case.   Feel free to contact me.

Jeffrey Pollock · Answer

7-10 Days for a Preliminary Hearing is the "rule"  but there are many exceptions.  Retain a lawyer.

Gregory Casale · Answer

If you are arrested and held, the police are to bring you to the local court on the next business day for arraignment. This can be longer if you are released.

Once you are arraigned, you must be brought back to court, if held on bail, within 30 days. These requirements can be waived by you or your lawyer.

Jeff Yeh · Answer

Usually the next business day you will be arraigned.

Timothy Byrne · Answer

Within 72 hours.

Steven Alpers · Answer

You should be brought into court within 2 court days at the latest.

Michael Chastaine · Answer

By law they have 72 hours to bring you to court.

Michael Palumbo · Answer

90 days in most circumstances.

Thomas Tomko · Answer

Thank you for your inquiry Must be arraigned within 72 hours of arrest. Call with questions or if need to hire an attorney.

Herschel Bullen · Answer

The rules of criminal procedure provide that anyone arrested, with or without warrant, be taken before a magistrate for the purpose of setting bail without "unnecessary delay."   

What an unnecessary delay is, would depend entirely on the circumstances.  

By rule of court, in order to detain a person arrested without a warrant, a determination must be made whether there is probable cause to continue to detain the arrestee within 48 hours after the arrest,  otherwise, there is no hard and fast rule.  

Generally, if a prisoner is held after arrest for an "unreasonable" period of time without being brought before a judge, a court would order release on a writ of habeas corpus.  

Decisions on the issue of delay between arrest and arraignment deal primarily with admissibility of evidence obtained from an accused during an unreasonable delay.  

Evidence, usually a confession, may be suppressed if the delay is unreasonable and is a contributing factor to the production of the evidence.  Most county or district attorneys have a policy of issuing a "kickout letter" to the jail, if it comes to their attention that a person has been held without charges being filed within a certain amount of time, probably 36 hours, but perhaps up to 72 hours.  

Even then, there might be exceptions, in their judgment, justifying a longer period.  And if the situation does not come to their attention, they will do nothing.

Bernal Ojeda · Answer

48 hours, typically.

Ginger Adair · Answer

According to Oklahoma County Court Rules, the court shall file charges within ten (10) days of arrest.  

Once charges are filed, however, arraignment usually occurs within a few business days.  I am unsure if there's a rule regarding initial hearing (arraignment) post filing.

Edward Blum · Answer

Request a PC 991 hearing. Its done within 48 hours.

Stephen Freeborn · Answer

If you are actually in jail,  your initial court hearing should be the next court date.  If you are arrested on a Friday night, that generally means Monday morning.

Stephen Richards · Answer

72 hours

Larry Dunn · Answer

The law mandates that a person who has been arrested must be brought before   a magistrate within 72 hours regardless as to whether the charge is a   misdemeanor or felony.

Leonard A. Kaanta · Answer

You should be arraigned within 48 hours of the arrest.

Gary Russell · Answer

Assuming that you are in custody on the misdemeanor arrest alone (there are no other arrest warrants holding you in custody) then your are to be brought before a court for arraigment on the charge within a reasonable time. 

There is no definition of reasonable time, however anything beyond 72 hours becomes questionable.

Kevin Ellmann · Answer

Generally, you must be advised within 72 hours is you are being held in custody.

Robert De Groot · Answer

You are taken to first appearance within 24 hours, 365 days a year.

Dennis P. Mikko · Answer

You should be brought before the court within 48 hours of your arrest.

Mark R. Thiessen · Answer

72 hours you must be brought in front of a magistrate.

Stuart Nachbar · Answer

Thirty days.

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If arrested and incarcerated, how long does the court have to give you an initial hearing on a misdemeanor charge?

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