How long can you be detained for?
Asked by: Ms. Jodie Schimmel | Last update: August 2, 2025Score: 4.6/5 (43 votes)
How long can you legally be detained?
Most states allow prosecutors up to 72 hours after an arrest to file charges, although some states, like California, allow only 48 hours. If the prosecutor fails to bring charges within this time limit, the court has to release you. Failure to do that is a violation of your rights.
How long does detained last?
How long can you be detained by the police? An investigative detention may last anywhere from a few seconds to more than an hour, though there is no absolute time limit for a detention. However, it “must be temporary and last no longer than is necessary to effectuate the purpose of the stop…” United States v.
What's the longest police can hold you?
The Constitution only stipulates that the police cannot hold individuals without charge for an unreasonable period. To provide clarification on what this means, many states set time limits for holding individuals in custody without charge. This period is usually 72 hours.
How long can you be detained in SC?
Time Limits of Detention
In South Carolina, there are time limits on how long an individual can be held in police custody without being formally charged. Generally, law enforcement has to release the individual or bring them before a magistrate within 24 hours of the arrest.
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How long can someone be held in county jail?
In most cases, county jails serve the purpose of housing inmates awaiting and during trial and those serving sentences for misdemeanor crimes (generally, one year or less). But, in many jurisdictions a criminal defendant could have consecutive misdemeanor sentences that amount to more than a year.
Can you refuse to be handcuffed?
You are being arrested. This can be accomplished with reasonable force. It is not your choice to refuse to be handcuffed like you are deciding between soup and salad at a restaurant.
How long can a cop be behind you?
As long as they're in their jurisdiction, they can follow you during their entire shift. When a cop is simply following behind your car, it's not considered to be harassment, They can even follow you home, if it's in their jurisdiction.
Can you be handcuffed while being detained?
Yes. Anytime someone is detained, an officer can handcuff them for mutual protection if it is believed to be necessary.
How long does detention go for?
No need to stress too much about detention. While it may vary from school to school, generally, detention involves spending a set amount of time (usually around 30 minutes to 1 hour) after school or during lunch in a designated room under the supervision of a teacher or staff member.
How long can ice keep you?
Important! ICE can put an immigration “hold” or “detainer” on you if you are deportable. If ICE puts a hold on you, ICE will likely pick you up from the jail. To allow ICE to do this, the jail will probably keep you for up to 48 hours after the time you are supposed to be released.
How long does it take for a detective to contact you?
In some serious crimes or situations, time is of the essence. A detective may contact individuals within hours or days. In less urgent cases, or where they are waiting on DNA or subpoenaing records (i.e., banks, social media, etc.), it could take 6 months.
Can a cop detain you without telling you why?
Police may briefly detain a pedestrian if they have at least reasonable, articulable suspicion that the pedestrian is involved in current or imminent criminal activity. (Note that while they must have specific, articulable facts to support this suspicion, they do not have to share those facts with you).
What do the police not want you to know?
Right to Remain Silent
This right is probably the most known of all. You have the right to remain silent when being questioned by the police. Anything you say or do can be used against you. You have the right to have legal representation at the time of any police interrogation.
How long can a cop wait for a K9?
Generally, officers must have a reasonable suspicion or probable cause to believe that there's illegal activity or contraband in the vehicle before calling in a K-9 unit. In some cases, courts have ruled that a short delay, such as 10 to 20 minutes, is reasonable for an officer to wait for a K-9 unit to arrive.
Can a cop wait to pull you over?
No. Officers must have probable cause to stop you when you're driving. For example, if they follow you from the bar and you are weaving all over the road, they'd have a legal reason to stop you.
Do cops have to answer Are you a cop?
No federal or state law requires cops in California to identify themselves as police officers to the public, even if someone asks them directly. This is also true of police officers who work undercover.
Can a cop handcuff you without reading your rights?
The police are not required to read your Miranda rights at the time of the initial arrest unless they intend to interrogate you at that moment. In most cases, the Miranda warning is only required once you are in police custody and facing interrogation.
How long can police leave you handcuffed?
Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to assure the safety of officers and others.
What is a police Terry stop?
Defined. A Terry stop is defined as “a brief, temporary involuntary detention of a person suspected of being involved in criminal activity for the purpose of investigating the potential criminal violation.
What is the longest time you can stay in jail?
When it comes to the maximum amount of time you can spend in jail for a crime, the answer varies depending on the crime. For some crimes, such as murder, you could spend the rest of your life in jail. For other crimes, such as a traffic violation, you may only spend a few days behind bars.
What is a 10 day flash?
(c) As used in this title, “flash incarceration” is a period of detention in a city or county jail due to a violation of an offender's conditions of postrelease supervision. The length of the detention period can range between one and 10 consecutive days.
Can you be in jail without being sentenced?
More than 400,000 people in the U.S. are currently being detained pretrial – in other words, they are awaiting trial and still legally innocent. Many are jailed pretrial simply because they can't afford money bail, others because a probation, parole, or ICE office has placed a "hold" on their release.