ext_4974 ([identity profile] regyt.livejournal.com) wrote in [personal profile] kitchen_kink 2005-01-27 01:19 pm (UTC)

1. Arraignment. The indictment is the charging instrument.

2. Jail. (As opposed to prison, which is a post-sentencing facility.) Rule 5 says that he must be taken before a judge for an initial appearance and to be charged "without unecessary delay". Gerstein says that that means 48 hours, if I recall correctly. Dunno about MD, but ยง 180.80 is the NY criminal procedure rule that says that he can be held in jail for 5 days after initial appearance without the next step happening. Hm, also, Rule 61 (a federal rule) says that it must be no more than 30 days from arrest to indictment, and no more than 70 days from indictment to trial. Except, of course, there a whole mess of exclusions, and trial never actually happens within 70 days. All sorts of [chunks of time] don't count, y'see. When the case isn't sitting idle, the clock isn't ticking, basically. It really depends on whether we're talking state or federal court and which state and all that. If you want to email me the full story, I'll be able to give you better answers.

As for whether you can visit, try calling the jail to find out. I've only visited jails on behalf of attorneys, which was a whole annoying application procedure, but it works differently for family, &c.

3. Ha. Ha ha ha. Fast? Yes, the person can be held. We call it preventive detention, thanks to the 1984 Bail Reform Act (I hates it) - it's disgusting, keeping a guy in jail for what he might do rather than what he's done, but it's allowed.

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