logo-large-blue

(612) 436-3051 | 24-Hour: (612) 251-9135 | ryan@ryangarry.com |

  • Victories
  • Services
  • Testimonials
  • Team
    • Attorney Ryan Garry
    • Attorney Elizabeth Duel
    • Shelly Larson
  • Get Informed
    • Levels of Offense
    • Blog
    • FAQ
    • Free Report
    • Our Location
  • News
  • Contact
✕
  • Victories
  • Services
  • Testimonials
  • Team
    • Attorney Ryan Garry
    • Attorney Elizabeth Duel
    • Shelly Larson
  • Get Informed
    • Levels of Offense
    • Blog
    • FAQ
    • Free Report
    • Our Location
  • News
  • Contact

How Long Can I Be Held in Jail?

  • Home
  • Blog
  • CRIMINAL DEFENSE
  • How Long Can I Be Held in Jail?

If someone is arrested without a warrant, they must be charged or released after a certain period of time.Initial Jail Time When First Arrested

The general rule is that the person must be brought before a judge 36 hours after being arrested. Minn. R. Crim. P. 4.02, subdiv. 5(1). The 36 hours begins on midnight following the arrest and pauses for Sundays and legal holidays. Id. If the person is charged with a misdemeanor and is not brought before a judge after 36 hours, then he must be released upon citation (charges by law enforcement).

For this reason, the day before Thanksgiving is the worst day to be arrested. Let’s say you are arrested at 12:01 a.m. on Wednesday before Thanksgiving. The day of arrest (Wednesday) does not count in the 36 hours. Thursday (Thanksgiving) and Friday do not count, as they are both legal holidays. The clock then starts at midnight between Friday and Saturday, which gets you 24 hours. Sunday does not count. The time starts again at midnight between Sunday and Monday. The 36-hour mark, then, is noon on Monday. This means that you are sitting in jail from Wednesday early morning until noon on Monday.

For felonies and most gross misdemeanors, the prosecutor must file a complaint prior to the person being brought into court. Minn. R. Crim. P. 4.02, subdiv. 5(2). The person may be detained or bail may be set if the judge signs the complaint and allows the continued detention or bail setting. Id.

There are exceptions. The prosecutor may be given an extension to file charges in certain cases, which means that the 36-hour rule may be extended.

author avatar
ryangarrystg
See Full Bio
Share

Related posts

December 6, 2024

Criminal Defense Attorney MN Ryan Garry LLC


Read more
July 29, 2024

The Essential Role of a MN Criminal Defense Attorney


Read more
Criminal Defense Attorney in St Paul MN
March 19, 2024

Criminal Defense Attorney in St Paul MN


Read more

Office Phone

(612) 436-3051

24-Hour Phone

(612) 251-9135

Email Ryan

Email Elizabeth

333 South 7th Street Suite 3020 Minneapolis, MN 55403

Scan or Click to Leave Us a Review

Review Ryan QR Code

Latest Blog Posts

  • 0
    When to hire a Minneapolis Sex Crimes Attorney
    May 20, 2025
  • 0
    Criminal Defense Attorney MN Ryan Garry LLC
    December 6, 2024
  • 0
    The Essential Role of a MN Criminal Defense Attorney
    July 29, 2024
  • Criminal Defense Attorney in St Paul MN0
    Criminal Defense Attorney in St Paul MN
    March 19, 2024
  • 0
    The Necessity of Hiring an Experienced Criminal Defense Attorney with a Record of Not Guilty Jury Verdicts
    October 10, 2023
© Copyright 2025 Ryan Garry, Attorney, LLC | Site Design By Dual Digital and Promotech Marketing