Dayton, PA asked in Criminal Law for Pennsylvania

Q: How long does Pennsylvania have to arraign someone in jail?

My boyfriend is on probation, so he caught a new charge, and is obviously now sitting in jail on probation violation, and new charges. He has not even been arraigned yet. Is that legal?

Related Topics:
1 Lawyer Answer
Ryan L Hyde
Ryan L Hyde
Answered
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: I have to be honest, I am a little cobfused by your question. There are a few conflicts. I will give a general response.

When a person who is on probation geta new charges usually a bench warrant is issued from the department to arrest and detain the person. Almost always the PO puts technical violations in addition to the direct violation. Moat times this detainer is not lifted until the criminal case is resolved, but there are times when you can petition the court to lift the detainer.

When a peraon is arrested on charges, they undergo a preliminary arraignment. Thia is done to set bail and inform them of their charges. If your bf is in jail, this preliminary arraignment, if it hasnt already happened, usually happens really soon (they almost always happen at night via videoconference with an on call judge).

The long and short of it is he needa an attorney sooner rather than later. There may be motioms that can be filed to advance the case.

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.