How long is the maximum days the jail can hold an inmate without conviction?
My husband is in jail for a crime that he did not commit. The state attorney’s office is not responding to the victim in the case and is trying to give him prison time. If the victim in the case is issued a witness subpoena to testify in court about the case, and the victim lets them know that he did not commit the crime, will they release him if he has already been in jail for 41 days?
Im most US jurisdictions, a person must be Arraigned within 48-72 hours after arrest. They must appear before a judge, be made aware of the charges against them and enter a plea.
Once arraigned they can be held until their trial date or until they make bail, if bail is set by the judge.
A person who is in jail and has not yet gone to trial will stay in jail until he/she makes bail or until the case is finished (either through a trial or dismissal). It does not matter if it is 41 days or 41 months. That is the whole concept behind having bail.
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They can hold you forever with no charges, no bail, and no attorney. This is America people dont have any rights after the "Patroit" Act. But anyway best case scenerio he gets out on his next court date. I can tell by the question you do not have an attorney. Use the indigent lawyer and have him file for a Writ of Habeus Corpus. Trust me that will get the ball rollin. Good luck.
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exp.
Im most US jurisdictions, a person must be Arraigned within 48-72 hours after arrest. They must appear before a judge, be made aware of the charges against them and enter a plea.
Once arraigned they can be held until their trial date or until they make bail, if bail is set by the judge.
References :