Jail How long can someone be held in jail

Not open for further replies.
How long can a person be held in jail without any evidence/discovery?
There isn't any set time such as 24 hours. One can be arrested there is probable cause of the commission of a crime to warrant an arrest. I'm guessing that there is some evidence, even if it is circumstantial. For example, if someone was found in a room with a person who was murdered just moments earlier, the circumstances indicate a high probability that this person committed may have committed the crime. Just because a murder weapon isn't found immediately doesn't mean that there isn't probable cause for arrest while the police gather more evidence to either make a case against or exonerate the defendant.
Why not post bail and live in the free world? If there is no bail then there is likely more evidence than you think.
At any time, a police officer may arrest you if the officer suspects that you have committed a crime.

For this reason, it is important that you understand your legal rights.

Four states—Illinois, Kentucky, Oregon, and Wisconsin—do not have bail bondsmen.
These four states still have bail, but their legislatures have prohibited the business of making bail bonds.
Some of these states do allow the payment of 10% of the bail, rather than the whole amount, but it goes to the court, not to a bondsman.

You Have The Right to…
Know why you are being arrested.
Ask for a lawyer whether or not you can afford one.
One free phone call.
Remain silent.
Wait to consult your lawyer before speaking to the police about the ALLEGED crime.
Have your lawyer present whenever you are questioned.


Stop answering questions at any time without being punished for doing so.
Ask the judge to assign you a free, taxpayer funded lawyer, if you are unable to afford one.
Have the charges against you read aloud in court and obtain a copy for your records.
Plead guilty or not guilty.
Refuse or accept a plea bargain.
Choose a jury or a judge to review the facts of your case.
A speedy, fair, and public trial (usually within 60–120 days).
Have your lawyer cross-examine ALL witnesses.
Be allowed to present witnesses to testify on your behalf.
An accurate pre-sentence investigation report.
Appeal the decision of either the jury or the judge (30-day limit).
Not be placed in jeopardy twice for the same offense.
Question what is happening to you.

Is the alleged crime a Misdemeanor?
If a formal complaint is filed, you are likely being accused of committing a
misdemeanor crime.
Misdemeanor crimes are usually less serious than felony crimes. (The punishment for
a misdemeanor can be up to a year at the local county jail, and/or probation, and/or
Misdemeanors are categorized from Class A (most serious) to Class C (less serious).
Crimes such as possession of 30 grams or less of marijuana or reckless conduct are
Depending on how serious the crime is, a couple things could happen. You may be
released once you receive a notice informing you of your first court date and/or once
you have paid the required bail.
Bail is the amount of money that you pay as guarantee that you will show up to court.
If you are unable to pay the bail, you may have to remain in police custody until the
arraignment (phase 4).

Is the alleged crime a Felony?
If the police request a screening of your case by the State's Attorney's Office, you are
being accused of committing a felony crime.
Felony crimes are considered very serious and are punishable by more than a year of
prison, probation (instead of jail time), and/or fines. Felony crimes are categorized
from Class X (most serious) to Classes 1–4 (less serious). Crimes such as
possession of more than 30 grams of marijuana and robbery are felonies.
The police will contact the screening unit of the State's Attorney's Office to
come and review the details of your case. The attorney screening your case will
determine what charges to file against you. You will, however, not be formally
charged until the arraignment (phase 4), but you will proceed on to a bond hearing
(phase 2).
Your bond hearing must take place within 48 hours of your arrest.

Phase 2: Bond Hearing
During the bond hearing, you will be brought before a judge who will determine the
amount of your bond/bail.

There are three types of bonds:

• Individual Recognizance Bond (I-Bond): The court simply takes your word
(promise) to return to court and does not assign a bail amount.

• Regular Bond (D-Bond): The court accepts your promise to return to court,
but also assigns a bail amount to back, or guarantee, your promise.
You will need to make a 10% down payment on the bail amount before being
released. (For example, if bail is set at $5,000, then you would need to pay
$500 to be released.) You may pay with cash, property, and in some instances,
credit. If paying with property, its value must be 20% of the bail.

• Cash Bond (C-Bond): The court accepts your promise to return to court for
all future appointments and assigns a bail amount. You will be required to
pay the full amount of the bail in CASH ONLY. (For example, if bail is set at
$2,000, then you would need to pay the full $2,000.)
While at the bond hearing you may see two lawyers: one representing you (known as
the defense lawyer) and the other representing the victim(s) of the crime for which
you are being accused (the prosecuting lawyer).

The prosecuting lawyer (known as the state's attorney) will inform the judge of the
crime you are being accused of committing and will give a brief summary of your
criminal history, if any. Your lawyer will briefly inform the judge of your personal
You may offer an explanation to the judge about your involvement in the crime, if
any; but keep in mind that anything you say can be used by the prosecuting lawyer to
further build the case against you.
The judge, after hearing both lawyers, will inform you of the charge(s) against you,
decide your bail/bond, and schedule your next court date (the preliminary hearing—
see phase 3).
Note: If you do not have a lawyer to represent you, ask the judge to assign one to
you free of charge. The judge may ask you to show proof of your inability to pay
(paystubs, bank statements, etc.) to determine if you qualify for a free lawyer.
Also know that the judge, when considering whether you qualify for a free lawyer,
looks to see if you are willing to pay your bail. If you can pay your bail, it may be
assumed that you can afford to hire a private lawyer.
Free lawyers (public defenders) are employed by the government to represent
individuals accused of crimes who cannot afford to hire their own private attorney.
This lawyer will represent you in court, beginning at the bond hearing (phase 2).

Here you go, poster.

Almost everything you want to know about the RIGHTS from arrest to post bail to trial to post conviction relief.


Last edited:
He was in jail and has been turned over to the feds. However he has just been sitting in booking and noone has come to pick him up to take him to a federal bond hearing.
Not open for further replies.