The thought of having authorities arrest and lock you up in jail for an unknown length of time is a frightening thought.
Indeed, the law requires that if a suspect is arrested without a warrant, they should either be charged or released after a certain length of time, usually within 36 hours. In other words, the suspect in question should be brought before a judge within that stipulated timeframe.
Depending on the time of day when a suspect is arrested, the 36-hour “countdown” will begin at midnight after the arrest, then paused on Sundays, national holidays or non-business days.
If someone is arrested for a misdemeanor and did not appear before a judge within the 36 hour period, they should be released after the charges by law enforcement have been implemented.
What is the worst time and day to get arrested?
It is for this reason that people fear getting arrested on the day before Thanksgiving. If you were arrested before midnight on the Wednesday before Thanksgiving, the authorities will skip counting Wednesday, Thursday and Friday in their “countdown”. Those are two guaranteed days spent in a jail. In this case, the countdown for the 36-hour period would resume on Friday at midnight.
However, if you were arrested for a serious misdemeanor or a felony, the prosecutor would be required to submit a complaint before you can appear in court. In this case, you may be detained or granted bail in the event that the judge signed the complaint and allowed for retention or bail.
Nevertheless, there are exceptions which may see you sitting for more than 36 hours behind bars. Such situations only happen when the prosecutor is allowed a time extension to file charges.
If you have questions regarding your case, do not hesitate to contact Minnesota criminal defense attorney, Mark Herman.
