How long can they hold an individual in jail wihtout filing formal charges on a no bond capital offense? Does the 30 day rule apply in capital offense arrests? Meaning after 30 days if the state has no filed charges your attorney can file a motion for your release on own recognances and the state still has a total of 180 to file formal charges on you.
Answer
It is actually 33 days to file formal charges, and then 40 days for a mandatory release. Of course, if this is a capital case, then don't count on either of those days to come to pass unless they dismiss the charges.
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