How long can you be in jail before court date

leeaspell · #1 02-24-2012

So, I'm sitting here watching Lock Up on msnbc. There seems to be a lot of people held in jail for a long time, one guy over 2 years, and still are waiting for a court date. I know its the USA and their laws are different, but how long can you ne kept in jail.before going to court.

And if you are held for 2 years and found not guilty, do you get any compensation when let out?

eastcoast · #2 02-24-2012

Quote:

Originally Posted by leeaspell

So, I'm sitting here watching Lock Up on msnbc. There seems to be a lot of people held in jail for a long time, one guy over 2 years, and still are waiting for a court date. I know its the USA and their laws are different, but how long can you ne kept in jail.before going to court.

And if you are held for 2 years and found not guilty, do you get any compensation when let out?

don't seem right to me, isn't the right to a speedy trial one of your rights?

huntinstuff · #3 02-24-2012

You dont get anything

Lawyers delay trials

If convicted you can get credit for time served
If acquited, you get to go home with the clothes you were wearing two years ago

leeaspell · #4 02-24-2012

Why does that seem wrong. It would ruin your whole life and you basically get an oops, sorry. Enjoy your freedom that we took away for a couple years.

Drewski Canuck · #5 02-24-2012

R. v. Askov. This is the bane of the Crown in BC as they do not have enough Judges, Crown Prosecutors, Clerks, etc. In a few of our rural Courtrooms, delays of 1 year from first appearance to trial is pretty common in Alberta. Trying to get a multi day trial in the rural courtrooms can be a disaster to schedule. Started one in late '09, finished it Jan '12. Now on to Appeal.

Great fun.

We once had Courtrooms in Redwater, Smoky Lake, Swan Hills, etc. Courtrooms are now collapsed to other sitting points, hence the "Redwater day" in Fort Sask. Problem is, some of the biggest population growth is Rural Alberta. Our Population is about 3.2 Million. Used to be low 2 mil when the cuts were implemented. No significant expansion in Courtroom time and locations, in fact the opposite. Problem is Provincial Court is being turned to for alot of Family matters, as well as Municipal Bylaw work, as well as Child Welfare files, as well as Small Claims Civil. Rural courts get hammered from all sides.

Anyways, with more minimum jail sentences coming, everyone will be fighting their charges for fear of Jail. The situation will just get worse.

Looks like I will have job security for a long time to come.

Drewski

HunterDave · #6 02-24-2012

Quote:

Originally Posted by Drewski Canuck

Anyways, with more minimum jail sentences coming, everyone will be fighting their charges for fear of Jail. The situation will just get worse.

I think that the Conservatives want to get rid of the 2 day credit for 1 day served pretrial as well. Some criminals may decide that it'd be easier time in prison than where they are being held pretrial and want to get the trial done with. There'd definitely be less incentive to delay their trial.

riden · #7 02-25-2012

Quote:

Originally Posted by leeaspell

Why does that seem wrong. It would ruin your whole life and you basically get an oops, sorry. Enjoy your freedom that we took away for a couple years.

They are likely delaying it for good reason.

You wouldn't be in jail unless you were a danger to the community to begin with. How many are in remand? Vast majority are free until sentencing.

Pretty sure Harper did away with 2 for 1 with time served (am I right in that guys?), but that was another reason guys stayed in jail too.

I am not losing a lot of sleep here.

Grizzly Adams · #8 02-25-2012

Quote:

Originally Posted by leeaspell

Why does that seem wrong. It would ruin your whole life and you basically get an oops, sorry. Enjoy your freedom that we took away for a couple years.

Yup and unless you're wrongfully convicted, it'll be difficult to sue for damages. On the good side, they've still got Travis Vader in jail.

Grizz

rwm1273 · #9 02-25-2012

Each time my ex had me charged I was in jail for nearly 24hrs. I had to see a JP to be let out. Each time I was let out I had to sign a peace bond, and had a court date set. It was clear to all involved that I was in jail facing false allegations.

I learned to have my lawyer contact the police before I would return home from work just to see if there was a warrant for me. This stopped me being arrested and held, but did not stop the charges and court date.

I had never been found guilty of anything, because I did not do anything in the first place. In fact on several of her accusations I was not even on the continent when I was to have vandalized her house or car. She was never held accountable for these false claims either. Had she been arrested once for making a false allegation, she would not have made another.

dadof5 · #10 02-25-2012

You have the right to a bail hearing as soon as is reasonable. Generally within 24 hours. Beyond that, there is no hard rules on when the trial must be held, though you do have a right to trial without unreasonable delays. You may or may not be in jail in the interim though.

fordtruckin · #11 02-25-2012

part of it depends on the crime and part depends on your initial hearing. For example if I arrest someone for a Misdemeanor DUI (3 lifetime total) you can bond out as soon as a sober friend comes to pick you up. If you don't bond out you don't see the judge until you blow 0.000BAC and are totally sober. As far as I've seen if you get charged you see the judge on the next available day. So if I arrest you Friday night, the Judge isn't in until Tuesday Morning you sit in the tank until you get your initial appearance. Unless you bond out which you can only do for Misdemeanors not Felonys. Felonys your in until you see the judge and then depending upon what the Judge says you may get a bond set or you may have no bond. Then if they set your bond at say 500000$ most people I know ain't gunna post that bond so they stay in the tank until their trial. (very rarely do people get a bond such as 500000$ is the 8th Amendments restrection on excessive bail) However people who commit serious crimes against a person or society, are deemed a flight risk or are a repeat offender will get a larger bond.

DairyMan7 · #12 02-26-2012

It all depends on the seriousness of the offence, what type of history you have and if you are a threat to yourself or the public.

For example, you are charged with murder and said you will kill someone if you had the chance. Chances are your won't be released until trial is done.

Another one is if you are charged with a b and e and have 56 b and e you had been convicted of in the past...chances are you aren't being released

Trust me when I say 90% of people convicted of crimes in canada regardless of the above three issues are released. Having said that if you did the two examples ya you wouldn't be released.

Oh and Fordtrucking is right, that 2 for 1 deal is gone.(though I still see it used even after harper abolished it)

Bigdad013 · #13 02-26-2012

Probably couldn't make his bail, or was held without bail, sucks to be him. Probably don't want him on the streets anyways.

slivers86 · #14 02-26-2012

easy answer, in Canada you have the right to due process. They try to get you to trial within 2 years. Glad they turfed 2 for 1 time served before sentencing though.

The chance of being held without bail for say burglery or something is very slim though, mostly violent crimes, or crimes that threaten the safety of the public - such as arson.