What amendment protects you from being held without being charged in a reasonable amount of time?

There is no specific constitutional amendment that protects a person under these circumstances although an argument can be made that the 4th Amendment protects individuals from unlawful search and seizure--and that keeping a person in custody for an unreasonable amount of time without a charge or the opportunity to make bond is a seizure. Also, the 6th Amendment comes into play as well as a person being held in custody, beyond a reasonable time has a right to counsel to assert the argument on behalf of the person being held. This right is typically a statutory right as opposed to a constitutional right. Michigan has a statute that requires law enforcement to release a person if charges have not been authorized and the person is not brought before a magistrate for arraignment on the charge within 72 hours of being taken into custody. But, there are statutory exceptions to this rule.

I believe experience Counsel's above answer is on point. Functionally, you don't see many circumstances where someone is held for more than 72 hours without an arraignment. Normally if the police pick someone up during the week the accused will be hailed before a Judge or Magistrate the following morning or afternoon. If the arrest takes place on a weekend it will typically end up on the Monday docket. If you believe you or someone you know has been held too long without adequate process contact a criminal defense attorney to attempt to get that person before a Judge.

I agree with Mr. Tauber. In addition, look at the 8th Amendment. The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights and prohibits the federal government from imposing excessive bail, The United States Supreme Court has ruled that the 8th Amendment applies to State governments as well. Being held without bond is certainly "excessive bail."

I agree with all learned counsel's opinions and specifically with Mr. Abdo in that I would not see the police holding an individual more than 72 hours without an arraignment. Typical practice by police is to arrest a person, transport them to jail for booking (fingerprint and photo) and then take the accused before a Judge or Magistrate the following morning or afternoon, for arraingment. If the arrest takes place on a weekend it will typically end up on the Monday docket. I further agree that If you believe you or someone you know has been held too long without adequate process, provided by the Federal and State of Michigan Constitution then contact a criminal defense attorney to attempt to get that person before a Judge.