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Failure to Arraign

Last post 10-30-2006 1:47 PM by Joe McNamara. 4 replies.
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  • Failure to Arraign
    10-16-2006 1:25 PM
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    I am trying to find information concerning arraignment.  Currently, all individuals who are arrested must be taken to court - that is, “arraigned” - within 48 hours of the time of arrest, excluding weekends and holidays.  If the 48 hours expires at a time when the court is not in session, the time shall be extended to include the duration of the next court date.  Anyone who is not arraigned within this time frame will be released from custody without delay.  I am trying to find out information when this changed and why - it was 72 hours.

     

    jmcnamar@riversidesheriff.org   

  • Re: Failure to Arraign
    10-17-2006 6:39 AM
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    Florida law requires all arrestees to be seen by a judge within 24 hours of arrest.  This is called First Appearance Hearing.  Arraignment is usually within 14 days after First Appearance Hearing.
    Lieutenant Gerald T. Milan, CJM
    Jacksonville Sheriff's Office
    Department of Corrections
    500 East Adams Street
    Jacksonville, FL 32202
    Email: Gerald.Milan@jaxsheriff.org
    Phone: 904-630-5744
    Fax: 904-630-7550
    Filed under:

  • Re: Failure to Arraign
    10-29-2006 6:35 AM
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    In our jail the arrested our arraigned within the 24 hour period by a judge on the weekend they are arriagn by a dutyies our our city Officers !!!

  • Re: Failure to Arraign
    10-30-2006 1:14 PM
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    In our county the 72 hours is just a guideline.  The Judges here have all told me that it states, "within a reasonable amount of time" in the statutes.  I personally have not researched it.  I've left it all up to the Judges and court system ;)

  • Re: Failure to Arraign
    10-30-2006 1:47 PM
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    Thanks for everyone's help.  In Mallory v. United States, the Supreme Court ruled that an arraignment should take place as "quickly as possible".  Each state views a speedy arraignment differently.  While many state laws require the decision to be made within seventy-two hours, California has required that the decision be made within forty-eight hours.

     

     
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