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There are limits on pre-trial detention

On Behalf of | May 5, 2020 | Appeals |

Oregon criminal defendants have a constitutional right to a speedy trial. When it comes to being held after they are arrested, they must be released within a certain period of time if the court determines that they are able to post a bond. In a criminal case, this means that prosecutors will need to make a decision with 72 hours as to the defendant’s rights.

In the United States, one generally cannot be held indefinitely without charges. It means that the prosecutor will need to make a relatively quick decision about the crimes with which a defendant can be charged. Defendants cannot be made to serve a long prison sentence before they are convicted. This means that they will need to be given an opportunity to make bail if they are either not charged with a serious crime or are not a flight risk.

Criminal defendants have rights in the U.S., and the Constitution recognizes this in mandating the procedures that follow. The base considerations are that police cannot detain you without limit and that your trial must occur within a certain period of time. Those whose rights are violated may be able to file a motion with the court that will free them. The main remedy that defendants have is to file a writ of habeas corpus that will force the hand of the prosecutors and make the judge decide whether the defendant can still be held.

Those who have been arrested should immediately contact a criminal defense attorney. The justice system can be a stressful experience for those who are in it, and the advice of counsel is necessary to handle the situation. A criminal defense attorney may help their client negotiate a plea deal if it is offered. Alternatively, they could help their client fight the charges in court.