Q: if a person has been incarcerated for three months without being indicted are they still allowed to hold him?
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A:
If someone has been held for three months without being indicted, that could potentially violate their rights under both state and federal law. In most cases, the government is required to indict or formally charge a person within a specific period of time. In Massachusetts, if you’re being held in pre-trial detention, the government generally must bring charges within a reasonable timeframe, typically 30 days for federal cases, or 180 days under the Massachusetts Speedy Trial Act for certain state cases, but this can vary depending on circumstances.
It’s important to know that being detained without an indictment or formal charges can raise issues related to your right to a speedy trial. If you or someone you know is in this situation, you may have grounds to request release or challenge the detention. The legal system has specific safeguards in place to prevent indefinite detention without proper legal action.
It’s critical to consult with a legal professional to explore the specifics of the case and take appropriate action. You may be able to file a motion for release or dismissal due to the delay in indictment.
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