Q: How long can they hold you without serving you a warrant?
My boyfriend was arrested 3 days ago. He was arrested at a traffic stop for a bench warrant he had for a prior drug possession charge that he skipped court for a year ago. Every time I call to see if he will be up for bail hearing they say he is still on hold. They said the arresting officer has yet to serve him his official charges. How long can they hold him without charges? Will he be able to bond out even though he is in on a bench warrant? What do i do?
A:
Hello.
A bench warrant is not like a regular warrant. Your boyfriend will be held until he is brought before a judge, and the judge vacates (removes) the bench warrant. In order for the court to do that, and to assure that the court is going to want to know that your boyfriend has been appointed, or has retained (hired), an attorney.
I would encourage you both to begin to evaluate, speak to, and retain an attorney who can begin to work on his case immediately.
We wish you well as you navigate your legal issue.
Ryan D Templeton agrees with this answer
A: A person can only be placed on hold for a warrant for 24 hours before he is entitled to a bond hearing or discharge. That being said, if he is only being held on the bench warrant and not a new charge he will not get a bond hearing on the bench warrant. You need to contact an attorney that practices in the county where he is being held and he or she will be able to help you navigate this process.
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