Q: Is it legal to be in jail 8 months without a first appearance?
A: I find it hard to believe that a person has been in jail for 8 months without a first appearance.
A: It is illegal for the State to hold a person in jail 8 months without a 1st appearance. In fact, the law provides that an arrestee is entitled to a 1st appearance within 72 hours of being arrested. Some people confuse this with going to regular court for their case though. If a person has their first appearance at the jail, they may then wait months for their case to get indicted and go to court - especially if their charges are serious or they are in a rural county. The best way to get the case moving more quickly is to hire a good lawyer who can make sure the person’s rights aren’t being violated and they get a court date as quickly as possible!
A: Yes, first appearances in some jurisdictions happen via video conference so the inmate does not actually go to court. You certainly want to hire an attorney if your loved one has been sitting that long waiting for court.
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