Q: 36 hour hold with no charges? What does "released pending complaint" mean?
My son was arrested on Sat. 3/3 and released on Mon. 3/6 - he was held all weekend with no charges on a "36 hour hold", and they released him with no court hearing. How can this be done? He missed 2 days of work, may lose his job accordingly, and he says police can do that with a "36 hour hold" and not charge him with anything and there's nothing anyone can do about it.(?)
I looked up his booking details and this is what it says:
Booking Number: 2017005562
Sheriff's Custody: RELEASED FROM CUSTODY ON . 3/6/2017 . 12:30
Received Date/Time: 3/4/2017.. 22:21
Case/Count: 1/1
Description of Charge: CONTROLLED SUBSTANCE/NARCOTICS
Charged By: MINNEAPOLIS PD
Reason for Arrest: PROBABLE CAUSE
Severity of Charge: PROB CAUSE,
State of Charge RELEASED PENDING COMPLAINT
Bail Information $12,000 NBR/JAIL
Court Appearance Date/Time (Blank)
This makes no sense. How will we know of "pending complaint" court date if a charge is coming?
A: Usually, this means your son will receive a summons/complaint in the mail. The timing can vary, it can be relatively short or months before your son receives the summons/complaint. Your son was correct in stating they could hold him for 36 hours prior to release. I highly suggest that your son retain an attorney when he is served with the summons and complaint. Your son should not speak with police or the prosecutor without an attorney present.
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