Q: How long after arraignment will my fiance be on trial? Its a felony drug case and he is being held in county.
We just really need to know whats going to happen. cause if he isnt getting out, there is alot to start taking care of. so we cant sit here and wonder when they are even going to sentence him. Is there a certain amount of time they can legally keep him after arraignment?
A: In Kansas, arraignment in a felony case occurs after a defendant is bound over at preliminary hearing. The speedy trial statute requires he be tried within 150 days if he is in custody. However, this time may be expanded if the defendant files motions or takes other actions which cause a delay. Things which also effect the time a defendant is brought to trial include the court's calendar, the complexity of the case, the time necessary for the defendant's counsel to prepare, necessary motions, and availability of witnesses. I tell clients they should expect to wait at least 6 months after preliminary hearing before they will see a jury.
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