Getting arrested starts an entire series of hardships and consequences that a person must face. 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 that dictate how long a person will be in jail before seeing a judge. People being held on Federal charges actually 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, but most areas provide the accused with their first appearance in front of a judge between forty-eight and seventy-two hours after booking. This time frame will vary greatly dependent on how busy a specific jail is and on when a person was arrested. Many areas do not hold court on the weekends or holidays, so if a person is arrested around either of these times, they may be held for a bit longer than usual.
If a person is arrested on federal charges then federal law requires they be given their initial arraignment within forty-eight hours of their arrest. This will also vary if a person is arrested on the weekend or holiday, but the time doesn’t exceed seventy-two hours. In both 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 a “not guilty” plea is entered then the judge will inform the defendant of the bail amount, if any, that they must post before leaving jail.
Getting Out Before Seeing a Judge
Once a person goes before a judge and is given a specific bail amount, they can get out of jail as soon as they post that amount. It isn’t, however, always necessary for a person to wait in jail before seeing a judge. In most areas, certain crimes have a preset bail amount, known as a bail schedule, which can be posted before a person ever sees 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. These bondsmen are usually able to get a person released from jail within hours of being contacted. If a person is able to 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.
Going to jail is a stressful situation for anyone. It can affect a person’s job, family and freedom. Seeing a judge for arraignment is the right of every person accused of a crime, but the time frame in which this occurs is usually in a gray area in local matters. 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. It is important that a person contact a bond agency as soon as they get their phone call after arrest to see if their charge has a set bond amount. If it does, then a person can continue with the responsibilities in their lives without allowing their arrest to seriously affect them.