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Arraignment Schedules

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J

jazzmont

Guest
Legal Question

Is there a time limit on how long they can keep you in jail before you see a judge? My son was arrested 22 days ago and is in jail. His bail has been set but they keep postponing his court. We live in Utah. He was arrested in a small town.

[Edited by jazzmont on 11-26-2000 at 09:03 PM]
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Has he had any hearings? Has he had a preliminary hearing?

Where along the process is he? Yes, there are rules in Utah.

He has also has a right to a speedy trial via the 6th amendmnent of the Constitution. His lawyer can bring this up to speed up the process/dismiss the charges (very rare).


Perhaps read below:
77-1-6. Rights of defendant. (1) In criminal prosecutions the defendant is entitled:
(a) To appear in person and defend in person or by counsel;
(b) To receive a copy of the accusation filed against him;
(c) To testify in his own behalf;
(d) To be confronted by the witnesses against him;
(e) To have compulsory process to insure the attendance of witnesses in his behalf;
(f) To a speedy public trial by an impartial jury of the county or district where the offense is alleged to have been committed;
(g) To the right of appeal in all cases; and
(h) To be admitted to bail in accordance with provisions of law, or be entitled to a trial within 30 days after arraignment if unable to post bail and if the business of the court permits.
(2) In addition:
(a) No person shall be put twice in jeopardy for the same offense;
(b) No accused person shall, before final judgment, be compelled to advance money or fees to secure rights guaranteed by the Constitution or the laws of Utah, or to pay the costs of those rights when received;
(c) No person shall be compelled to give evidence against himself;
(d) A wife shall not be compelled to testify against her husband nor a husband against his wife; and
(e) No person shall be convicted unless by verdict of a jury, or upon a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived or, in case of an infraction, upon a judgment by a magistrate


77-1-7. Dismissal without trial -- Custody or discharge of defendant. (1) (a) Further prosecution for an offense is not barred if the court dismisses an information or indictment based on the ground:
(i) there was unreasonable delay;
(ii) the court is without jurisdiction;
(iii) the offense was not properly alleged in the information or indictment; or
(iv) there was a defect in the impaneling or the proceedings relating to the grand jury.
(b) The court may make orders regarding custody of the defendant pending the filing of new charges as the interest of justice may require. Otherwise, the defendant shall be discharged and bail exonerated.
(2) An order of dismissal based upon unconstitutional delay in bringing the defendant to trial or upon the statute of limitations is a bar to any other prosecution for the offense charged.
 

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