Is there a statute limiting the number of days someone can be detained without being indicted?
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Is there a statute limiting the number of days someone can be detained without being indicted?
Search and seizure without a search warrant. Forced with threats and display of weapons to sign consent to search form. Arrested and held for 8+ months with no indictment as of yet. Charge is manufacturing marijuana. Does not seem to meet the test for demonstrating a “substantial step” towards an attempt to commit a crime.
Asked on December 6, 2011 under Criminal Law, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If one has been arrested and held for eight plus months where there has been no indictment yet by the grand jury for the charges stemming from the arrest and no actual criminal charges filed by the district attorney's office, I suggest that you immediatley consult with a criminal defense lawyer about filing a writ of "habeus corpus" to have you possibly released from jail.
There is no statute per se setting forth how long a person can be incarcerated without formal criminal charges being filed against him or her or without being indicted. That is why the United States' Constitution provides for a writ of "habeus corpus" to free someone from jail.
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