Getting arrested starts a series of hardships and consequences a person must face. It often raises a lot of questions. One of the biggest is, how long after being arrested do you see a judge? People are often left sitting in jail waiting to see a judge so that they can learn their bail amount.
But this is not always necessary.
Regardless of the situation, there are standards in the legal systems of most states and localities. They dictate how long a person will be in jail before seeing a judge.
People being held on Federal charges have a law on their side stating when their arraignment must take place. There are circumstances when a person can get out of jail before seeing a judge. But people usually can’t take advantage of these legal nuances if they do not know of them.
How Long Before Seeing a Judge
There is no set federal law that tells states and localities when they must arraign a defendant. Most areas bring the accused before a judge for their first appearance within 48 to 72 hours after booking.
How long after being arrested to see a judgevaries greatly. It depends on how busy a specific jail is and on when a person was arrested. Many areas don’t hold court on weekends or holidays. If law enforcement arrests someone during these times, they may be held longer than usual.
If someone is arrested on federal charges, federal law requires their initial arraignment within 48 hours. This may vary if someone is arrested on a weekend or holiday, but it won’t exceed 72 hours.
In local and federal courts, a person is informed of the crime they are being charged with and expected to enter a plea. If a person enters a “guilty” or “nolo contendere” plea, then they may be sentenced immediately. If the defendant enters a “not guilty” plea, the judge will announce the bail amount, if any, required for their release.
Getting Out Before Seeing a Judge
After appearing before a judge and receiving a bail amount, a person can leave jail as soon as they post it. It isn’t, however, always necessary for a person to wait in jail before seeing a judge. In many areas, certain crimes have a preset bail amount, called a bail schedule, which can be posted before seeing a judge. In these instances, the defendant can be released without ever seeing the inside of a courtroom.
Bail amounts, even preset ones, may seem excessive, but bail costs in America are high in general. If a person has the available funds to post their own bail then they may do so. In most cases, however, a person will likely be better off if they contact a bail bondsman.
How Bail Bonds Work
These bondsmen are usually able to get a person released from jail within hours of being contacted. If a person can use a bail agency, they may be out of jail before missing any work at all. Bail agents only charge a ten percent fee of the bail amount, so they are much cheaper than if a person tried to post their own bail.
How Long Does It Take to See a Judge in Immigration Court?
For those in immigration custody, the process may look different. How long after being arrested to see a judge will also vary case by case. Before that, there is often a time between master hearing and individual hearing, which varies depending on the case’s complexity and court backlog.
Master Calendar Hearings in Immigration Court
After someone receives a Notice to Appear (NTA), the wait to see a judge in immigration court can vary. The NTA will list the date and time for your first hearing, called the Master Calendar Hearing. If the NTA doesn’t have this information, the immigrant gets a separate Notice of Hearing later. The law gives at least 10 days between getting the NTA and the first hearing unless the immigrant chooses to waive this waiting period.
The master calendar is a preliminary hearing where procedural issues are addressed:
- The immigration judge reviews the case, explains the charges, and asks how the detainee pleads.
- Immigrants can request time to find legal representation if they don’t already have an attorney.
- No evidence or testimony is presented at this stage.
After, the court schedules an individual hearing. The time between master hearing and individual hearing ranges from a few weeks to months.
Individual Hearing in Immigration Court
The individual hearing in immigration court focuses on the specific details of an immigrant’s case. This is where the case’s merits are fully addressed. Evidence is presented, witnesses may testify, and the judge decides about immigration status. It’s always best to prepare for in individual hearing.
The judge may ask these common immigration individual hearing questions:
- Why are you seeking to remain in the United States?
- Do you fear returning to your home country? If so, why?
- What is your employment history in the U.S.?
- Do you have family members who are U.S. citizens or lawful permanent residents?
- Have you ever been convicted of a crime?
- How long have you lived in the United States?
- Do you have evidence or witnesses to support your case?
What Happens After an Individual Hearing in Immigration Court?
After an individual hearing in immigration court, the judge will either issue a decision immediately or take additional time to review the case before providing a written decision. If the case is approved, the individual may receive the requested relief or status, such as asylum or cancellation of removal.
If the case is denied, the individual may face deportation but has the option to appeal the decision to the Board of Immigration Appeals (BIA) within 30 days. The court also provides instructions on the next steps, whether the case is approved or denied. If the individual is detained, their release or transfer will depend on the outcome of the hearing.
Why You Should Know Your Rights
Going to jail is a stressful situation for anyone. It can affect a person’s job, family and freedom. Everyone accused of a crime has the right to see a judge for arraignment. But the timing often falls into a gray area in local cases.
A person who knows their rights is far more likely to get out of jail in a short amount of time.
Many crimes carry with them set bail amounts; this means bail bondsmen can have a person out of jail in a matter of hours. A person should contact a bond agency as soon as they make their phone call after arrest. This is so they can check if their charge has a set bond amount. If that’s the case, they can continue with their lives without allowing their arrest to seriously affect them.