If a friend has been held more that 48 hours in jail without any charges and the DA says they are still investigating the issue, is this legal?

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If a friend has been held more that 48 hours in jail without any charges and the DA says they are still investigating the issue, is this legal?

It’s now been almost a week.

Asked on June 24, 2014 under Criminal Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

This issue comes up under various considerations, one important being your right to a Speedy Trial. As a general rule, however, if you are placed in custody, your "speedy trial" rights require the prosecutor to decide within 72 hours which charges, if any, will be filed.  Many states adhere to this 72 hour limit, but other states, such as California, go further and require that the decision be made within 48 hours after someone is taken into custody. You need to get your friend help asap. Speak with a lawyer. 


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