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Your Rights: Arrest and Holding

As you are probably aware, a police officer must have probable cause in order to arrest a suspected criminal. Probable cause is a very abstract term that can apply to various situations. Basically, a police officer must have some evidence to make him/her believe a person has committed a crime in order to arrest them. But what if the police officer got it wrong, and you truly did not commit a crime at all? How long can police hold a person without charges?

How Long Can I Be Held?

Because the Sixth Amendment to the Constitution gives citizens the right to a speedy trial, there is a time limit to how long police can detain a person without presenting charges. This amendment was created as a way to protect citizens from serving jail time before being found guilty. Generally, police can hold a suspect for up to 72 hours. If no charges can be brought against a suspect by a prosecutor, the person must be released. However, if charges have been made, a person can be released when bail is posted.

Criminal Defense Attorney

If you are arrested by police, it is important to know your rights during the process. You have a right to a speedy trial and to be considered innocent until proven guilty. If criminal charges have been brought against you, it is very important to have an experienced and understanding criminal defense attorney to guide you. At Carroll Troberman, PLLC, attorneys Blair Carroll and Shelly Troberman know the ins and outs of the criminal defense process, and you can trust them to get you the best possible outcome for your case.