How long can a person be incarcerated without legal counsel?

UPDATED: Jan 28, 2012

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How long can a person be incarcerated without legal counsel?

This person (36 years old) is on probation for embezzlement and was arrested for association with another felon. This person has not been in trouble for 2 years. We can’t get answers from the PO because the PO is not in town. We can’t get any info from the DA’s office (but a $10 filing fee was paid to them). This person has job that may be lost and 2 children to support.

Asked on January 28, 2012 under Criminal Law, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The person who you are writing about has been apparently arrested for violating probation and is presently incarcerated. The person will need to be set a hearing date for the charge of violating probation where he will be arraigned, advised of his rights and possibly assigned legal counsel if the or she cannot afford counsel.

Usually the time period from arrest, incarceration and first appearance should not be more than 5 to 7 business days based upon by experience. In the interim, if the person can afford legal counsel, he or she can have an attorney visit at the jail to expedite the process.

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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