The police can hold you without charge for up to 48 hours for questioning. Some circumstances may allow the police to detain you for a longer period of time. This may include weekends or public holidays.
This is a difficult situation and many people do not know their rights when stopped by a police officer. In this article we discuss what your rights are during detention and how long the police can keep you in custody before formally charging you.
How long will he be held?
The time varies depending on the situation. A few things can affect the process, e.g. B. whether you have presented your ID or not. Although you are not legally required to identify yourself while in detention, this means it will take time for them to identify you. The maximum time you can be in police custody without charge is 48 hours, not including weekends and public holidays; technically it can take up to 72 hours.
You have the right to legal advice and appropriate representation if you believe your arrest was not made under state or federal law. Contact our Philadelphia Deletion Lawyers and Philadelphia Pennsylvania Criminal Defense Attorneys today and we will provide you with the best in criminal defense.
How does police custody work?
In order to arrest you, the police must have reasonable suspicion and reasonable grounds that your arrest is necessary. Our previous post explains the need for arrest.
Depending on the crime, the police can arrest you at any time of the day and anywhere, including at work, at home or in public.
If you are arrested, the police must say the following:
Why is there a retention period?
The purpose of waiving a time limit after an arrest is to force the police and prosecutors to make a decision as to whether there is sufficient evidence to formally charge you with a crime. Without borders, people could be imprisoned indefinitely and this could give law enforcement the opportunity to twist the facts and find loopholes to charge you with something. The time limit on detention is good for arrested persons because they are protected from unnecessary delays.
There are retention periods to protect your rights
Where to get further help
If you or a loved one has been arrested and need help or are concerned that you or she is on unfairly treated at the police station, contact the Stuart Miller Solicitors team. Our experienced team of criminal defense and civil rights attorneys are ready to assist you. If we see you have a viable case, we will fight to help you get justice. Contact us to schedule a free consultation today.