How long can a person be incarcerated without legal counsel?
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How long can a person be incarcerated without legal counsel?
This person (36 years old) is on probation for embezzlement and was arrested for association with another felon. This person has not been in trouble for 2 years. We can’t get answers from the PO because the PO is not in town. We can’t get any info from the DA’s office (but a $10 filing fee was paid to them). This person has job that may be lost and 2 children to support.
Asked on January 28, 2012 under Criminal Law, New Mexico
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The person who you are writing about has been apparently arrested for violating probation and is presently incarcerated. The person will need to be set a hearing date for the charge of violating probation where he will be arraigned, advised of his rights and possibly assigned legal counsel if the or she cannot afford counsel.
Usually the time period from arrest, incarceration and first appearance should not be more than 5 to 7 business days based upon by experience. In the interim, if the person can afford legal counsel, he or she can have an attorney visit at the jail to expedite the process.
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