Q: In Tooele, Utah, can they hold someone in jail for more than 72 hours; and discount 48 hours over a weekend, and no holding charge?
A:
Under Utah Rules of Criminal Procedure Rule 7, individuals arrested without a warrant must have a probable cause determination made within 48 hours, not counting weekends. However, this determination can be made by a judge without actually having the defendant in front of him/her so in a lot of cases a probable cause statement is submitted to the judge and he/she rules on it as well as sets initial bail amounts.
If an individual is picked up on a warrant then there is no 48 hour requirement.
Under both scenarios charges are to be filed without delay, which does not have a set deadline and usually just means as soon as the prosecutor can file the charges. In most cases in Utah charges are filed within a week of an individual being arrested.
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