Skip to main content

How long can the state keep me after I have been arrested, before they file charges against me?

Whitney S. Boan Protecting Your Right

Video Transcript

You say keep when you’re being kept by the state before charges are filed. To me, that connotes that somebody is being held in jail. The state has to file charges within 33 days after you’ve been arrested, if you have not bonded out before then a lawyer can ask the court to have you released automatically on your own recognizance. The court may or may not grant this based upon any special request by the state that could arise where they ask for a couple additional days, but if you’re getting close to being in jail 30 days, and you haven’t bonded out and no charges have been filed, you definitely need to, if you have not already, consult with an attorney, so that we can try to get you out as quickly as possible, if the state is not doing what they need to do within the allotted time.