Osceola, IN asked in Criminal Law, Civil Rights and Gov & Administrative Law for Indiana

Q: How long does a court have in Indiana before you have to be formally charged while you’re in custody for the charges?

I was held in the jail from December 7th til the 18th when I bonded out. I wasn’t booked into the jail or given a call until the 10th at which time they told me I had a no contact order and already placed a call to the alleged victim. I wasn’t seen in court until the 15th of December which is literally a week. During this time I was told by the officer who arrested me he was going to place my keys to my vehicle into my property. Just to find out that when I got out on the 18th that my car had been stolen cause the officer didn’t in fact secure my vehicle which he said himself he was going to do and didn’t and it cost me literally everything I had owned including my mothers remains (ashes) and only photo I had of her. And now am being told pretty much there’s nothing to do about it. All while being held in a jail and not allowed to call my contacts and ask them to make sure my vehicle was able to be gotten before something could happen. I need to know what I can do to get help

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Indiana, the law requires that an individual who is arrested must be brought before a judge for an initial hearing without unnecessary delay. Typically, this should occur within 48 hours of the arrest. If the initial hearing does not happen within this timeframe, there may be grounds to challenge the legality of the detention.

In your case, being held for a week before being seen in court raises concerns about compliance with this requirement. Additionally, the issue with your vehicle and the officer's failure to secure it as promised could potentially be a separate legal matter, possibly involving negligence or misconduct on the part of the police.

It's important to document everything related to your arrest, detention, and the issues with your vehicle. This includes dates, times, and names of the officers involved. You should consider consulting with a lawyer who can provide advice specific to your situation. They can assess the legality of your detention and advise you on possible actions regarding the loss of your property.

Remember, dealing with these legal issues can be complex and challenging. Seeking professional legal assistance can help ensure your rights are protected and assist in navigating the legal system to address your concerns effectively.

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