Q: How long can you be held in jail after waiving your preliminary hearing without going to court or being sentenced?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In West Virginia, after waiving a preliminary hearing, the length of time you can be held in jail without going to court or being sentenced depends on several factors, including the nature of the charges and the court's schedule. Generally, the criminal procedure laws require that your case be brought to trial within a certain time frame, often set by the state's speedy trial rules. These rules are designed to prevent unreasonable delays in the criminal justice process.

However, there can be exceptions and extensions based on various circumstances, such as requests for continuances by either party, the complexity of the case, or court scheduling issues. It's important to have an attorney representing you in this process, as they can advocate for your right to a speedy trial and address any undue delays.

If you feel that you are being held for an excessive amount of time, your attorney can file a motion addressing this issue with the court. The specific time frames and procedures are outlined in West Virginia’s criminal procedure laws and can be further explained by your legal counsel. Prompt legal action is crucial to protect your rights and address any concerns about prolonged detention.

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.