How Long Can the Police Hold You without Charging You?
In the United States, individuals who are arrested and held by law enforcement are protected by certain constitutional rights and federal laws. One of the most important questions that can arise in this situation is how long the police can hold you without charging you. The answer to this question varies depending on several factors, including the specific circumstances of the arrest, the laws of the state in which the arrest occurred, and the policies of the police department involved.
Initial Custody
Generally, the police can hold you for a reasonable time after arrest to investigate the circumstances of the arrest. This period is usually referred to as "initial custody" or "investigative detention." The length of time that a person can be held under initial custody varies from state to state, but is typically several hours or at most a few days. During this time, the police may question the person, gather evidence, and conduct a preliminary investigation into the alleged crime.
| State | Maximum Time for Initial Custody |
|---|---|
| Arizona | 12 hours |
| California | 48 hours |
| Florida | 36 hours |
| New York | 24 hours |
Mandatory Appearance at Court
After a certain period of time, which varies by state, a person who is arrested and held must be taken to court for a hearing, known as a "commitment hearing." During this hearing, the court will determine whether there is probable cause to believe that the person committed the alleged crime, and if so, whether they should be held in custody pending further proceedings.
| State | Time before Mandatory Appearance at Court |
|---|---|
| Arizona | 5 days |
| California | 5 days |
| Florida | 11 days |
| New York | 3 days |
Detention without Charges
