Q: Hi so my daughter got arrested for attempted murder , how long can they hold her ?
She got detained for detention hearing , how long can they hold her until trial ( my daughter is being charged as a juvenile)
A: I am assuming that your daughter’s charges are in State court, and that the judge granted the State motion for pre-trial detention. If so they can hold until trial. There are some options. She could appeal the trial court’s ruling by filing a petition for writ of certiorari. She could file a demand for speedy trial within 60 days of the demand or the filing of a formal charge, whichever comes later (the actual time to start trial might be extended a bit by recapture). Or she could refuse to waive speedy trial without demand, which require a trial to start within 175 days of the arrest (with the possibility of a short recapture extension). All of this supposes that she retains experienced and knowledgeable counsel. Your question ignores the very real need to prepare for trial. Her lawyer can help her decide what is in her best interests under the particular circumstances of her case.
A: I agree with Mr. Garland’s analysis of your daughters case status. I’d only add that it’s possible that the State, upon review of the case facts, may elect to lower the level of charges, or elect to not file any charges at all. A change of circumstances like that will have an effect on your daughter’s bond.
All the more reason to retain an experienced attorney as soon as possible.
A: I would add that the present corona virus crisis also creates further difficulties for your daughter...Get the best lawyer you can; the charges in this case are very serious.
A: Really depends on the 923 PC affidavit and witnesses at the bond hearing
Any respectable attorney you hire will file a bond motion with mitigation and potential defense witnessese.
While the public defender has great attorneys, I wouldn’t expect a call back anytime soon.
Ask around snd find a reputable attorney to get an emergency bond hearing hearing ASAP
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.