Q: If someone is under investigation how long can they be held in jail?
My brother is in jail on a drug charge the DA isn't accepting any pleas due to him being part of an ongoing investigation, how long can they prevent him from finishing up the charges he is being held in jail for? They keep resetting him rather than offering him anything and letting him sign for and get the drug charge conviction over and sentence started. How long can the state continue holding him up in court with the charges he already has while they continue the investigation on a whole separate matter. He is jus a person of interest in something else he hasn't committed any other crimes. The state refused a deal and won't make any offers due to ongoing investigation.
A: At any time, even without a plea bargain in place, your brother can enter a plea of guilty and ask to be sentenced by the court. This is called an "open plea." The judge will then determine his punishment within the range of punishment for the offense and he will receive credit for the time he has been jailed awaiting disposition.
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A:
The length of time someone can be held in jail while under investigation varies depending on several factors, including the specific laws of the state and the nature of the charges. Generally, there are constitutional protections in place to prevent indefinite detention without trial. However, pretrial detention can be extended if the state demonstrates that the person is a flight risk or a danger to the community.
Since your brother is being held on a drug charge while also being part of an ongoing investigation, the state can argue for continued detention if they believe he might interfere with the investigation. They can also delay plea deals if they think it could compromise their case.
It's crucial to consult with your brother's attorney about his situation. They can file motions to challenge prolonged detention and push for a resolution to the drug charges. This legal advice can help you understand the best course of action and ensure that your brother's rights are protected during this process.
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