How do I get out of jail while my case is pending?
We get a lot of calls from concerned and anxious loved ones of those who have been arrested for criminal activity. Understandably, their usual first question is how they get their loved one out of jail. If and when that person can get out of jail depends on many different factors.
The 36-hour rule
If someone is arrested without a warrant and put in jail, they must appear in front of a judge no more than 36 hours after their arrest. But the 36 hours does not include the day of arrest, Sundays, and legal holidays. So, if someone is arrested on Christmas Eve, their 36-hour period would not be over until December 27 at noon! If the person was arrested for a misdemeanor, they must be released if the 36 hours is over and they have not been to court.
The 48-hour rule
The 48-hour rule states that whenever a person is arrested without a warrant, they may not be detained longer than 48 hours after arrest unless a criminal complaint has been signed by a judge or a judge has made a probable cause determination in another way. Different from the 36-hour rule, every day counts. This means that if someone is arrested at 4:00 p.m. on Christmas Eve, they must be released by 4:00 p.m. on December 26 if no judge has found probable cause to charge them with a crime.
Getting out of jail before court
It is sometimes possible to get someone out of jail before they are charged or go to court, but it is tricky. A criminal defense attorney usually has to contact the prosecutor and then the judge to see if the judge will release their client or set bail that they can pay. This can be even more challenging on the weekend because prosecutors and judges can be more difficult to reach at those times. Usually, the defense attorney has to gather information about the case and present a persuasive argument to the prosecutor and the judge. But even if they do, the judge still has the right to say no for no reason at all.
Getting out of jail after court
If the person is unable to get out of jail prior to court, they will have a bail hearing. At that hearing, the judge will determine whether the person will be released with or without bail. If it is a minor first-time offense, the person will most likely be released without bail. But if the person is charged with a more serious offense and/or has been convicted of other offenses in the past, bail will likely be required. The criminal defense attorneys’ job is to get the person out with no bail being required or with the lowest bail possible. If the person is unable to pay for bail, they may have to stay in custody until the end of their case.
The Attorneys at Sieben & Cotter can assist you in securing your loved one’s release from jail. Contact us for a free consultation.
