How long can you be incarcerated without being formally chargedwith anything?

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How long can you be incarcerated without being formally chargedwith anything?

My brother-in-law was arrested 8 months ago and is still in jail to this day and hasn’t gone to court for any type of arraignment. Can they do that? How does the whole ” right to a speedy trial” work? And does this violate his rights to that?

Asked on September 21, 2010 under Criminal Law, Texas

Answers:

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

Answered 11 years ago | Contributor

Oh my goodness.  This question as written is really a wake up call that anything can happen to anyone without regard for Constitutional Rights.  Every state has a code of criminal procedure that affords a person accused of a crime the right to be presented before a Judge and arraigned in a timely manner and to a speedy trial. These state procedures often mirror the rights afforded a person accused of a crime under the US Constitution. Often the time that a case is not ready to proceed is "charged" to the prosecutor and not against the defendant.  You need to get legal help right away.  Legal aid or a legal services agency.  Even a civil liberties union.   But get help now.  Good luck.


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