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How soon after arrest must the State Attorney file formal charges?

April 26, 2017arrest attorney Charges file formal Soon State

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How soon after arrest must the State Attorney file formal charges?

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If a person accused of a crime is being held in jail, the prosecutor must file formal charges within 30 days of the arrest. If the State Attorney fails to file charges within 30 days, the court shall order the defendant be released on the 33rd day unless the State files formal charges by that date. On rare occasions, the prosecutor will ask for an additional 7 days to file formal charges but they must show good cause for the extension.