Anderson, IN asked in Criminal Law for Indiana

Q: I was arrested last Sept. 22 ,two F 6's, poss. charges. I am, on March 20, 2023, just being arrained. Is this legal?

in Sept of 22, I bonded out of jail two days later on 1200 cash bond. I hadn't been arrained yet at this time. I was gave a paper with a court date for arraignment the following week. The jail messed up, they said, cause the date on the paper was on a Saturday. The jail advised me the court would be in contact with me to give me a new court date. I never received anything. The other day I was looking at my case and happened to see that court case so I opened it up. It said, at very bottom, court date issued to defendant for this March 20, 2023. Which is now a couple days away. Had I not just happened to look, they would have probably issued a fta warrant on me, which how would that be fair? But my real question is this, it's been, 6months since I was arrested. Can the court arrain me 6months later? I thought they typically had 48/72 hours to arrain a person? Thank u

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1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: The State has 48 hours to have charges filed and probable cause to be determined by a judge or magistrate. Since you bonded out the time requirement no longer applies. The State has five years from your arrest date to file charges.

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