How long can a county jail keep someone who has not been booked or charged?
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How long can a county jail keep someone who has not been booked or charged?
It has been 60 days.
Asked on July 12, 2012 under Criminal Law, Florida
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
Typically, once arrested, in most states there is a 48 hour window that the county can hold a person in custody before issuance of a criminal warrant. This all changes if that person is currently on probation or parole and probation/parole violation has been issued, because the county jail/prosecutor can hold the person longer. What the police/prosecution can not do is hold a person simply to conduct a criminal investigation without any probable cause to issue a warrant. You may want to speak to a criminal defense attorney and inquire into a Habeas Corpus motion to seek the release of this person.
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