Is it a violation of my rights if I was not arraigned within 72 hours of arrest?

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Is it a violation of my rights if I was not arraigned within 72 hours of arrest?

Asked on December 2, 2014 under Criminal Law, North Dakota

Answers:

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

Answered 6 years ago | Contributor

The general rule is that if you are placed in custody, your "speedy trial" rights typically require the prosecutor to decide within 72 hours which charges, if any, will be filed and you should be brought to a magistrate within 72 hours if you can not make bail. This is a right under the Sixth Amendment of the United States Constitution. The time frames can be tricky to determine given the nuances between "detained" and "arrested" and "custody."  I would speak to an attorney about your specifics. 


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