How long can a person be held in jail stay without a police report being turned in or a court date set?

My boyfriend was falsely arrested on burglary charges. He has been in jail for about 45 days because we cannot afford his bond. The police have not turned in the police report. They have no evidence; they only have hearsay from a known heroine addict (which the detective said himself). There is no court date. How long can they keep him in jail? I also cannot afford a lawyer but was told that if we could, he would have been out by now. 

Asked on December 1, 2010 under Criminal Law, Louisiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, he is at the mercy of the justice system without proper legal representation.  Since you cannot afford a lawyer, see if you qualify under the income guidelines for the Public Defender or Legal Aid.  If not see if they can recommend an attorney that may take the case "pro bono" (that is for free); many will volunteer their time for cases such as this.  Also, if there is a law school nearby to the court where the warrants were issued and check to see if they run a free/low cost clinic; typically they do. Also, contact the local Bar Association in the applicable county; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances.

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