How long can a person be held in county jail before seeing a judge if arrested Thursday evening at 10:30

2 views 4 answers
Being charged with 5th degree possession of meth & 4th degree driving while intoxicated. in Aitkin County. Arresting officer told me would be seen by judge on Sunday, I believe he is lying to me. Also don't understand how they can take my vehicle away and me not get it back.

Attorney Answers

4
Michael Walters ·
A judge must review your paperwork by 10:30 tonight. If he decides there was probable cause for arrest, he can either set bail or hold you until Monday.
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Brent Schafer ·
A judge must review your case within 48 hours of your arrest. You are required to be released if that does not happen....although All too often a person has little recourse if that does not occur.
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Thomas C GallagherCriminal Defense AttorneyMinneapolis, MN ·
You can challenge an administrative forfeiture (taking) of your vehicle by the government, but will need to properly serve and file the correct legal pleadings to do so. The lawyer you retain for the criminal defense case should also be able to help fight the taking of your vehicle.
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Bruce Michael RiversCriminal Defense AttorneyMinneapolis, MN ·
The general rule is that you are entitled to be in front of a judge within 36 hours of being arrested. However, time begins to run at midnight. So, a bail determinaiton would have to be made by noon on Sunday. A judge would come in a do a review on the weekend and set bail unless there are other circumstances. As far as your car goes, if the police allege that you have transported illegal drugs in your car then your car is subject to forfeiture. You should have gotten a yellow form that is a notice of the forfeiture. You only have 60 days to file a challenge to the forfeiture otherwise the forfeiture is automatic.
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