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?

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1 Lawyer Answer
Ryan L Hyde
Ryan L Hyde
  • 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.

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