Police Interrogation

[BlackPeaceStone]

What is the name of your state? IL

I was just curious what is the maximum length of time the police can hold you for questioning before they are required to charge you with a crime? I have heard 24,48,72 hours. I have also heard 48 hours without a warrant and 72 hours if they have a warrant. Can an attorney verify which one is accurate ?

[stephenk]

If just for questioning, once you invoke your right to counsel before answering any more questions and/or invoke your right to remain silent, they will release you. If they have enough evidence to charge you, they most likely will at that point.

[BlackPeaceStone]

Ok but how long can they keep you before they have to charge you?

[JETX]

Originally Posted by BlackPeaceStone

Ok but how long can they keep you before they have to charge you?

In 'County of Riverside v. McLaughlin' [500 U.S. 44 (1991)], the Supreme Court said holding suspects longer than two days without judicial review is unconstitutional. Justice Sandra Day O'Connor wrote ... in a 5-4 ruling, that a 48-hour rule would permit "a reasonable postponement of a probable-cause determination while the police cope with the everyday problems of processing suspects through an overburdened criminal justice system."
This ruling can be viewed at:
[url]http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/500/44.html[/url]