2.8: How long can they hold me without charging me?
Description
This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.
2.8: How long can they hold me without charging me?
This is not clearly defined, but the trial should be
"speedy and public". Here is the 6th Amendment, for your
reference:
In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial,
by an impartial jury of the State and district
wherein the crime shall have been committed, which
district shall have been previously ascertained by
law, and to be informed of the nature and cause
of the accusation; to be confronted with the
witnesses against him; to have compulsory process
for obtaining witnesses in his favor, and to have
the Assistance of Counsel for his defence.
If they put you in jail, or threaten you with jail, then
they are treating you like a criminal, and the 6th amendment
applies. Notice that is says you have a right to
"the Assistance Counsel", and not "you are required to
have an officer of the court do your speaking for you".
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