Can you be held in jail without charges be placed against you?

Question

Can you be held in jail without charges be placed against you?

Answer

Your question is likely based on an incorrect premise. Whether one is formally advised or not, police tend to make an arrest based on the crime they think someone did. A person jail is required to be given an initial appearance before a judge. The purpose of the initial appearance is to make sure that the person accused of a crime is aware of the charges and is given due process. The initial appearance usually takes place in the magistrate court or municipal court, but could happen in other courts. It must occur within 72 hours if there was a warrant for the arrest. Only 48 hours are permitted if an arrest was made without a warrant. Some courts do the initial appearance in jail or via video from a jail; others use a courtroom.