Legal Question in Criminal Law in Maryland
How long can a person be legally held in custody in Federal court in the state of MD before a trail date is set?
Asked on 8/05/09, 10:11 am
1 Answer from Attorneys
William Welch
William L. Welch, III Attorney
The defendant's initial appearance must be "without unnecessary delay" following arrest. Typically, that means the same day a person is arrested, unless the court is closed, and this is when the government makes its motion for detention.
Charges must be filed within 30 days following arrest or summons.
Federal law provides that if the defendant pleads not guilty, then trial "shall commence within 70 days" from the defendant's initial appearance or the filing of charges, whichever is later. However, there are several delays, which can stop the "speedy trial clock," such as the filing of pre-trial motions.
Answered on 8/10/09, 11:00 am
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