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How long can someone be held without charges?

On Lawyer & Legal » criminal law & procedure

2,913 words with 9 Comments; publish: Mon, 02 Jul 2007 16:55:00 GMT; (80078.13, « »)

The state is: New York

How long can someone be held without charges?

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  • 9 Comments
    • Since the state of New York is not the federal government, and this is not related to terrorism, the comparison to Padilla is not relevant.

      - Carl

      #1; Fri, 06 Jul 2007 00:10:00 GMT
    • Quote:
      === Original Words ===

      What is the name of your state? New York

      How long can someone be held without charges?

      Ask Jose Padilla

      #2; Thu, 05 Jul 2007 22:47:00 GMT
    • Quote:
      === Original Words ===

      Since the state of New York is not the federal government, and this is not related to terrorism, the comparison to Padilla is not relevant.

      - Carl

      Where does the OP say the charge was a state charge and not a federal, or for that matter, what the arrest was related to?
      #3; Fri, 06 Jul 2007 10:49:00 GMT
    • I believe it's 24 hours
      #4; Mon, 02 Jul 2007 16:57:00 GMT
    • According to several web sites, the time you can be held in New York (at least New York City) until you are arraigned is 24 hours ... additionally, it is apparently NOT uncommon for people to be held for up to 48 hours without any apparent repercussions.

      - Carl

      #5; Mon, 02 Jul 2007 18:21:00 GMT
    • I don't know about NY, but in my state you have 48 hours (two COURT days) to be arraigned.

      In any event, being held over the proscribed 24 or 48 hours does not make the original charge go away.

      Consult local counsel.

      - Carl

      #6; Mon, 02 Jul 2007 18:15:00 GMT
    • Quote:
      === Original Words ===

      Where does the OP say the charge was a state charge and not a federal, or for that matter, what the arrest was related to?
      The other question to be asked is "being held for what?"
      #7; Fri, 06 Jul 2007 12:24:00 GMT
    • Quote:
      === Original Words ===

      Where does the OP say the charge was a state charge and not a federal, or for that matter, what the arrest was related to?
      Marbol raised the specter of Jose Padilla with regard to being held without charges ... Padilla is a federal matter and an accused terrorist - the OP's matter is neither terror related nor federal (I presume it is a state charge in New York), so the comparison is apples and iPods.

      - Carl

      #8; Fri, 06 Jul 2007 15:01:00 GMT
    • that's strange, I head it was 48 hours.....
      #9; Mon, 02 Jul 2007 17:02:00 GMT