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How long can you hold someone in jail until you decide on charges?
Posted on 12/11/25 at 10:42 am
Posted on 12/11/25 at 10:42 am
This seems a little weird no? They’re going to hold Moore in jail for like 48 hours and may ultimately decide “all good bro, you’re good to go home”
What say OT attorneys?
(Real attorneys only, UptownJoeBrown need not apply)
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If tweet fails to load, click here. What say OT attorneys?
(Real attorneys only, UptownJoeBrown need not apply)
23
Posted on 12/11/25 at 10:44 am to Mingo Was His NameO
Supposedly he's a threat to himself and others. I don't think they can release someone if deemed a threat.
Posted on 12/11/25 at 10:44 am to Mingo Was His NameO
Its really circumstantial
Posted on 12/11/25 at 10:45 am to Mingo Was His NameO
Look up habeus corpus
Posted on 12/11/25 at 10:46 am to VolsOut4Harambe
quote:
Supposedly he's a threat to himself and others. I don't think they can release someone if deemed a threat.
Maybe but the statement says “we arrested him last night and probably still won’t decide today if we want to press charges, so we’ll just keep him here until we decide”
Maybe fine for this particular situation, but seems kind of fricked up to me. Leave people sitting in jail for 3 days even if you know you can’t charge them just to be assholes
Posted on 12/11/25 at 10:46 am to Mingo Was His NameO
If its a psych hold it can be longer
Posted on 12/11/25 at 10:46 am to Mingo Was His NameO
quote:
How long can you hold someone in jail until you decide on charges
Typically arraignment happens within 72 hours unless there are other circumstances such as domestic violence or mental health concerns.
Posted on 12/11/25 at 10:47 am to Cosmo
quote:
If its a psych hold it can be longer
Would they not say that though, that’s kind of my question. The statement doesn’t indicate that at all
Posted on 12/11/25 at 10:48 am to Mingo Was His NameO
Sound like he's PEC, 72 hours in Louisiana. CEC is 15 days. This is obviously a psych hold. He's a danger to himself and others. Sounds like they believe its a true mental breakdown.
This post was edited on 12/11/25 at 10:49 am
Posted on 12/11/25 at 11:00 am to Mingo Was His NameO
quote:
How long can you hold someone in jail until you decide on charges?
McCoy does this all the time on Law and Order. They hold the perp while they are out tying up loose ends and gathering more facts about the case.
Posted on 12/11/25 at 11:08 am to Mingo Was His NameO
Varies by state, but I would expect an initial appearance and setting bond 48–72 hours after arrest at worst. And yes, at the end of whatever time period Michigan uses, they do have to charge it or let him go.
Little surprised the prosecutors openly talked about it. I would say that’s not advisable.
First, to give a plausible good faith reason—they are reasonably confident a crime occurred, but aren’t sure what charge they want to file for it yet. Again I see no benefit to talking about it publicly, but that could be it.
But let’s assume they’re holding him without probable cause, just to talk through that. To be clear, it is unequivocally unconstitutional to hold someone in jail without probable cause that they committed a crime. That includes “well we think he might’ve done something but the cops are still looking into it.”
But this happens all the time because the typical resolution, in over 99% of cases, is either (1) person released without being charged, prosecutors don’t say the quiet part out loud about holding them without probable cause, and it’s not worth the person’s time and expense to try to sue over it; or (2) they are charged and it’s a moot point.
Not saying it’s right (I’m on the opposite side of the bar lol of course I think it’s wrong), but it definitely happens. Usually not to high profile figures with a lot of money, though. And never with public press releases hemming and hawing about the charging decision lol.
Finally, all of this is totally unrelated to civil commitment types of holds—stuff like “he threatened suicide so we’re holding him involuntarily for X days.” Obviously suicide watch exists for arrestees who are at risk, but if they’re in jail it should be because they’re suspected of a crime. Just straight up “I’m committing no crimes but I’m a danger to myself” gets you involuntarily committed to a mental health institution for some time period, not sent to jail. I know you didn’t ask about this, but Moore was reportedly suicidal and others brought up commitment, so I figured I would distinguish.
Hope that helps. Caveat that Michigan may have some state-level particularisms I don’t know about. But I think that’s a broadly accurate high level rundown for any state.
Little surprised the prosecutors openly talked about it. I would say that’s not advisable.
First, to give a plausible good faith reason—they are reasonably confident a crime occurred, but aren’t sure what charge they want to file for it yet. Again I see no benefit to talking about it publicly, but that could be it.
But let’s assume they’re holding him without probable cause, just to talk through that. To be clear, it is unequivocally unconstitutional to hold someone in jail without probable cause that they committed a crime. That includes “well we think he might’ve done something but the cops are still looking into it.”
But this happens all the time because the typical resolution, in over 99% of cases, is either (1) person released without being charged, prosecutors don’t say the quiet part out loud about holding them without probable cause, and it’s not worth the person’s time and expense to try to sue over it; or (2) they are charged and it’s a moot point.
Not saying it’s right (I’m on the opposite side of the bar lol of course I think it’s wrong), but it definitely happens. Usually not to high profile figures with a lot of money, though. And never with public press releases hemming and hawing about the charging decision lol.
Finally, all of this is totally unrelated to civil commitment types of holds—stuff like “he threatened suicide so we’re holding him involuntarily for X days.” Obviously suicide watch exists for arrestees who are at risk, but if they’re in jail it should be because they’re suspected of a crime. Just straight up “I’m committing no crimes but I’m a danger to myself” gets you involuntarily committed to a mental health institution for some time period, not sent to jail. I know you didn’t ask about this, but Moore was reportedly suicidal and others brought up commitment, so I figured I would distinguish.
Hope that helps. Caveat that Michigan may have some state-level particularisms I don’t know about. But I think that’s a broadly accurate high level rundown for any state.
Posted on 12/11/25 at 11:09 am to lsufan1971
The USSC standard is “timely” bail and generally within 48 hours unless there are other circumstances such as mental illness, etc. Once bail is set then the Defendant will stay in jail until they bond out. So at multiple points the Defendant can challenge the timeliness and/or the bail amount. Failing those, a Defendant stays in jail and should file a speedy trial motion if the reward outweighs the risk.
ETA: Oh you can also file a probable cause motion and win/get out of jail that way.
Also States have subtle different laws regardIng bail so unless you’re a Michigan lawyer, you can’t really analyze the situation except for USSC guidance.
ETA: Oh you can also file a probable cause motion and win/get out of jail that way.
Also States have subtle different laws regardIng bail so unless you’re a Michigan lawyer, you can’t really analyze the situation except for USSC guidance.
This post was edited on 12/11/25 at 11:12 am
Posted on 12/11/25 at 11:09 am to Mingo Was His NameO
This is a normal thing.
Posted on 12/11/25 at 11:12 am to OKBoomerSooner
quote:
Varies by state, but I would expect an initial appearance and setting bond 48–72 hours after arrest at worst. And yes, at the end of whatever time period Michigan uses, they do have to charge it or let him go.
Little surprised the prosecutors openly talked about it. I would say that’s not advisable.
First, to give a plausible good faith reason—they are reasonably confident a crime occurred, but aren’t sure what charge they want to file for it yet. Again I see no benefit to talking about it publicly, but that could be it.
But let’s assume they’re holding him without probable cause, just to talk through that. To be clear, it is unequivocally unconstitutional to hold someone in jail without probable cause that they committed a crime. That includes “well we think he might’ve done something but the cops are still looking into it.”
But this happens all the time because the typical resolution, in over 99% of cases, is either (1) person released without being charged, prosecutors don’t say the quiet part out loud about holding them without probable cause, and it’s not worth the person’s time and expense to try to sue over it; or (2) they are charged and it’s a moot point.
Not saying it’s right (I’m on the opposite side of the bar lol of course I think it’s wrong), but it definitely happens. Usually not to high profile figures with a lot of money, though. And never with public press releases hemming and hawing about the charging decision lol.
Finally, all of this is totally unrelated to civil commitment types of holds—stuff like “he threatened suicide so we’re holding him involuntarily for X days.” Obviously suicide watch exists for arrestees who are at risk, but if they’re in jail it should be because they’re suspected of a crime. Just straight up “I’m committing no crimes but I’m a danger to myself” gets you involuntarily committed to a mental health institution for some time period, not sent to jail. I know you didn’t ask about this, but Moore was reportedly suicidal and others brought up commitment, so I figured I would distinguish.
Great explanation, thanks. This makes perfect sense. The statement made little sense to me as well
Posted on 12/11/25 at 11:13 am to UptownJoeBrown
quote:
The USSC standard is “timely” bail and generally within 48 hours unless there are other circumstances such as mental illness, etc. Once bail is set then the Defendant will stay in jail until they bond out. So at multiple points the Defendant can challenge the timeliness and/or the bail amount. Failing those, a Defendant stays in jail and should file a speedy trial motion if the reward outweighs the risk.
quote:
UptownJoeBrown
Thanks ChatGPT
Posted on 12/11/25 at 11:17 am to Mingo Was His NameO
He could have been "Baker Acted" (psych hold) which is why they are being kind of vague. Those psych holds, in most states, are 72 hours and can be initiated by the Police's own discretion. After that a judge has to get involved and decide whether to hold him longer (due process rights).
But what doesn't make sense is he was supposedly arrested on assault charges (arrested, not Baker Acted). I mean his mug shot is out there (they don't usually mug shot you for a Baker Act kind of deal). So it's weird they haven't released any details if that's true.
But what doesn't make sense is he was supposedly arrested on assault charges (arrested, not Baker Acted). I mean his mug shot is out there (they don't usually mug shot you for a Baker Act kind of deal). So it's weird they haven't released any details if that's true.
Posted on 12/11/25 at 11:18 am to Mingo Was His NameO
DA got 60-90 days to bring charges
Posted on 12/11/25 at 11:31 am to lepdagod
It should be until the home opener..
Posted on 12/11/25 at 11:50 am to Mingo Was His NameO
A lot of states have a mandatory "colling down time" usually 48 hours or so on domestic cases.
This post was edited on 12/11/25 at 12:18 pm
Posted on 12/11/25 at 11:59 am to Mingo Was His NameO
In Michigan, involuntary psych hold is 72 hours. The language in the tweet feels like that's probably what's going on here (you can be under mental health observation at a correctional facility/jail with the right staff observing).
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