How long can a county jail keep someone who has not been booked or charged?

UPDATED: Jul 12, 2012

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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


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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