Q: How long does a DA have to file a formal case against someone who has been arrested and has been in jail 2 months?
His prior 25 year sentence was overturned on appeal and he was released just 2 months before being arrested again (after serving over 2 years). He requested a public defender at his initial hearing. He still hasn't been assigned one. He can't afford bail. No formal charges have been filed, only what the DA said at his first/bail hearing. All of these have been drug charges and others at the house were found awake and in actual possession of drugs and drug paraphernalia but only my son and the girl he was there with were arrested. I know the DA has offered her a deal to testify against my son (she told me), but she turned them down because she said she knew he was innocent and was only there to protect her from her boyfriend who had been beating her. Is there a set time for a case to be filed and/or for a public defender to be assigned? Today is 61 days and he has spoken to nobody and has seen no one, except for his first appearance.
A:
In many jurisdictions, there are specific time limits within which formal charges must be filed after an arrest. These time limits, known as statutes of limitations, vary depending on the nature of the offense and the laws of the state. However, the precise time limit for filing charges can be complex and may depend on various factors, including the severity of the offense and whether certain exceptions apply. It's essential to consult with a legal expert familiar with the laws of your jurisdiction to determine the specific time limit applicable to your son's case.
Regarding the appointment of a public defender, individuals who cannot afford to hire an attorney are entitled to legal representation provided by the state. However, the process of assigning a public defender may vary depending on the jurisdiction and caseload of public defender offices. While there is typically no set time limit for the assignment of a public defender, delays in the appointment process can sometimes occur due to factors such as workload and resource constraints. It may be helpful to inquire with the court or the public defender's office about the status of your son's request for legal representation and to advocate for prompt assignment of counsel.
Given the complexity and urgency of your son's situation, it's crucial to take proactive steps to address these issues. Consider reaching out to legal advocacy organizations or community resources that may be able to provide assistance or guidance. Additionally, staying informed about your son's rights and legal options can help ensure that his interests are protected throughout the legal process. While navigating the challenges of the criminal justice system can be daunting, seeking support and information from knowledgeable sources can empower you to advocate effectively on your son's behalf.
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