Q: My son was arrested on Saturday for a felony charge and it is Thursday night and he still hasn't had a hearing
He was given a document on Monday that set bail and stated charges had to be filed by the 4th. On the fifth he checked and charges had not been filed, not has he been before a judge or offered an attorney. Can they continue to hold him?
A: I hope that this has already been resolved. There is a 72 hour holding rule. However, it is not a hard-and-fast rule as usually weekend and holidays don't county. This rule is used and abused in Utah however, there is stuff in the works to get this rule better defined and better protect individuals.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
