How long can they hold you on a detainer borders for the duration of their immigration proceedings. How long do credit rating agencies hold information? [ 2 Answers ] I've been abroad for 6 years. Aug 17, 2024 · If the feds have a detainer on him, he can file a claim under the interstate agreement on detainers to force the feds to take him into custody. May 14, 2025 · The detainer asks the agency to notify ICE when the defendant would otherwise be eligible for release and to hold the defendant for up to 48 hours thereafter to enable ICE to take custody of the defendant. Jun 6, 2018 · If you have been arrested and charged with a crime in Minnesota, contact criminal attorney at Keller Criminal Defense Attorneys at 952-913-1421 for a free consultation. Parole violations trigger specific legal procedures that determine how long someone might remain incarcerated. To allow ICE to do this, the jail will probably keep you for up to 48 hours after th time you are supposed to be released. Exploring “how long can they hold you in jail for a parole violation” The clock starts ticking the moment parole conditions are breached. U. Apr 2, 2024 · IDP’s Detainer 101 provides general information about ICE detainers, also called “immigration holds”, including: What is an ICE Detainer? Why do I have an ICE Detainer? How does ICE know about Me? How Long Can I Be Held in Criminal Custody on a Detainer? What Can I Do About an ICE detainer? Available in English and Spanish. The right to a speedy trial plays a factor in this determination as it is a crucial part of the criminal justice process. Jun 18, 2025 · Introduction Immigration detention and custody facilities hold immigrants who are apprehended within the U. Releases him but not with the car because his name was not on the rental agreement. Sep 23, 2009 · ICE can put an immigration “hold” or “detainer” on you if you are deportable. These procedures involve various stages, from initial custody to potential revocation of parole, each governed by Jun 4, 2024 · How Long Can You Be Held on a Parole Hold? While the length of time someone can be held on parole hold without being notified of the charges against them will vary from state to state, in some cases it could be longer than a week. Can the hold be lifted? Jun 30, 2022 · 5. Time Limit. Aug 4, 2023 · Many immigrants are shocked, after having been in jail or prison for an alleged crime, to find that instead of being released as schedule, an "immigration hold" or "immigration detainer" has been placed on them. How Long Can They Hold Me? Immigration detainers come with an additional 48-hour hold. The marshals will transport the defendant to the federal courthouse for an initial appearance when they execute the arrest warrant, although it may take several days to arrange that, and the defendant's physical custody What's the longest police can hold you? The Constitution only stipulates that the police cannot hold individuals without charge for an unreasonable period. Marshals Service, often pending federal transfer or court proceedings. A. Yes, the inmate will likely be released from prison after the 72-hour detainer hold expires if no charges have been filed against them in the jurisdiction where they are currently being held. However, if the state drops the charges and the person remains in jail, the person is considered in federal custody. The United States Supreme Court has determined that “the 180 Mar 3, 2022 · ICE will place an immigration detainer or an ICE hold on undocumented immigrants in local custody. They may file a petition for writ of habeas corpus or other form of legal action to challenge the lawfulness of the detention and request a hearing before a judge. You must find your own lawyer. May 13, 2025 · What is an immigration detainer? An immigration detainer is a request from ICE that asks a federal, state or local law enforcement agency — including jails, prisons or other confinement facilities — to: Notify the requesting agency as early as possible before they release a removable alien. They have already been incarcerated for 90 days. If they fail to do that, he does not automatically get released, but he can get an order requiring a prompt hearing. Feb 19, 2025 · Can You Be Held Without Obligation for Uncertain Time? All states in the United States have laws regarding how long a person can be held without a bond hearing. This rule is designed to protect the rights of the accused Feb 17, 2010 · They may not have access to a lawyer or to the courts. Failure to do that is a violation of your rights. Although everyone in removal proceedings has the right to be represented by a lawyer, you do not have the right to a court appointed attorney. During the investigation, they will likely try asking you questions. Oct 20, 2020 · They can hold him while the criminal charges are pending. Feb 13, 2025 · In Minnesota, the 36-hour rule and the 48-hour rule are guidelines that determine how long a person can be held in custody on suspicion of criminal charges before they must appear before a judge. How long can feds hold you? There is no law that says how long a federal hold can remain if state charges are still pending against the person. Also, you can take legal action against the jail for detaining you without just cause. Here's how the process works, and what happens next. In normal language you would also say " hold " instead of " detainer " Jan 11, 2018 · If the federals have a hold (detainer), then there might be some rights to urge them along. Jul 3, 2014 · Are you legally entitled to a gagnon1 in Allegheny county and how long can they hold you on a detainer without one? My daughter was arrested on a probation warrant when I took her to a magistrate hearing for a misdemeanor paraphernalia charge. Detainees remain in custody until federal authorities take custody or release is authorized. These facilities are run by various government agencies, including Immigration and Customs Enforcement (ICE), Office of Refugee and Resettlement (ORR), and, for short-term detention, U. The permissible duration of confinement changes depending on the stage of the legal process, from the initial arrest to the period following a conviction. Sep 18, 2008 · I have a question! Do you know if someone in jail serving time for 6 months, and there is not a hold on this person after 72 hours do you knoe if there is a possibilities that they can put a hold on him at any time? Holds can be placed at anytime an inmate is in custody. However, you can only be held on a complaint. They are oftentimes waiting in the parking lot for the actual release to be finalized. The balance between ensuring public safety and upholding constitutional protections makes this issue particularly important. This initial detention is a temporary measure. Wogwu Law in San Antonio offers legal guidance—call now. But that is not assured if this is still an active State matter and the Feds just are making sure they have the right to custody if he posts State bond. 6 19. Hold the alien for up to 48 hours beyond the time they would ordinarily release them so DHS has time Jan 13, 2025 · Once a detainer is lodged, it complicates matters for those seeking release on bail or parole, as it acts as a hold preventing their release. But authorities have kept detainees beyond the maximum hold time. , Atlanta, GA. You cannot be prosecuted further on a complaint and warrant. Marshal' means a local facility is detaining an individual at the request of the U. Feb 25, 2025 · An “ICE Hold” (also known as an immigration hold or immigration detainer) is a request from immigration and customs enforcement (federal officials) to the local jail (state officials) asking them to hold the inmate for an additional 48 hours after the inmate is supposed to be released from state custody. The detainer is put in place to ensure the incarcerated individual is returned to the facility in which they came once all local matters are resolved. You should consult with a criminal defense attorney in the county that has the warrant for him. Feb 21, 2024 · Extradition is a complex process in which a person accused of a crime is surrendered to another county or state. Feb 10, 2025 · What happens after an ICE arrest? Explore the intake process, detainee rights, deportation procedures, and daily life inside ICE detention centers. An immigration lawyer can contact the local ICE office that has jurisdiction over the case and request that the agency lift its detainer. To aid prisoners in selecting the proper detainer strategy, this article describes types of detainers, or the requests that the present agency of imprisonment hold a prisoner at the end of his sentence so that the demanding authority may take custody of the individual. The legal authority to hold individuals on a federal detainer is a powerful tool for federal agencies, raising questions about balancing law enforcement objectives with individual rights. Jan 21, 2021 · How long can you be detained on a federal hold without knowing what the charges are? My daughter had some drug charges that the state dropped and now they have a federal hold on her but has not told her what the fedral hold is for. An Feb 21, 2013 · If you are on probation and arrested on new charges, you can be held in jail on a probation detainer until final disposition of the new charges. If the prosecutor fails to bring charges within this time limit, the court has to release you. I recommend that you retain an experienced federal criminal defense attorney to assist your son. Jun 18, 2025 · How long can ICE hold you in jail? ICE typically has a mandate to hold individuals for up to 48 hours under a detainer, but this period can be extended under various circumstances. Feb 19, 2024 · Unless a prosecuting attorney decides to file charges, you or a loved one are only being held in jail because the police officer and judge found probable cause to arrest you. The length of the hold varies based on federal case schedules, transport logistics, and court dates. Otherwise, the rules require that you be released. Jul 13, 2025 · Immigration Law How Long Can Immigration Hold You in Jail? The time a person can be held in immigration custody is not a set period, but a process governed by specific legal rules at each stage of a case. If the Court determines that probable cause does not exist or does not make a Jan 31, 2018 · Once the offender has done their required time, they are held in the A & O area until the state with the warrant comes to pick them up. Additionally, the agency houses prisoners in Federal Bureau of Prisons facilities and private detention facilities. Jul 22, 2025 · A detainer hold is a request from one government agency to another law enforcement agency, like a local jail, that is holding a person in custody. Marshals Service assumes custody of individuals arrested by all federal agencies and is responsible for the housing and transportation of prisoners from the time they are brought into federal custody until they are either acquitted or incarcerated. Who Issues a Detainer Hold A variety of government bodies can issue a detainer hold. Dec 5, 2023 · Do you wonder how long do you stay in an immigration detention center? Learn more about immigration detention centers and how long individuals are held. I want to establish credit and to know what credit history Arresting or authorized employees will create detainer, warrant, hold, and cancellation documents through the Violator Management screen in the individual’s electronic file. Can people subject to an immigration hold or detainer challenge the action in court? Yes, individuals subject to an immigration hold or detainer can challenge the action in court. That means scheduling the plea and the violation at the same time to minimize impact to the client. Aug 5, 2014 · IF THE STATE DROPS A CASE CAN THE FEDS PICK IT UP How long can they hold you before they would have to charge you ? My boyfriend rents a car from Las Vegas NV going to Fargo Nd get pulled over in Glendive Mt officers search the car finds nothing even with dog . On all of these I was the secondary account holder. In this case, the detention time can take as long as needed. Updated 2024. will likely pick you up from the jail. Most experts agree that the typically amount of time one state gives another for extradition is about one month, 30 days Custody and Detention The U. In some cases, they may not be aware that they are being held on a detainer, or for longer than the time period permitted by law. Dec 3, 2018 · Length of Out-of-State Detention If the alleged felony charge was filed by federal prosecutors, the suspect can be transferred to a federal detention facility very quickly; in fact, the county or state jail may already be contracted for this purpose. S Oct 28, 2020 · A stay in an ICE facility can cause stress for the immigrants and their families as they wonder, “how long can ICE hold a detainee?" May 16, 2018 · The US Marshals Service lodged a detainer (or "hold") with the state authorities, based on an outstanding arrest warrant that a federal court issued for your husband's arrest, based on a federal indictment. Oct 23, 2012 · There is no specific time frame for this but you will likely be held long enough for the County you are being held in to determine if the other jurisdictions are going to pick you up on your warrants. Do Detainers Impact a Person’s Release on Bail? A detainer often affects a person’s release on bail pending criminal charges. Jun 25, 2025 · The amount of time a person can be legally held in jail is not indefinite and is governed by specific laws and constitutional principles. Get legal guidance from skilled immigration lawyers. How can you help a loved one get released? If a loved one or a family member is the subject of an ICE hold, it is imperative that you contact an immigration attorney for help. Mar 15, 2022 · What does it mean when a federal hold is put on an inmate that is about to go home? And how long can they hold her? My sister is supposed to be released in a few days but a federal hold was put on her. He is not going to see a judge until he is in federal custody. Learn about bond hearings, legal options, and alternatives to detention What is a hold on a charge? A credit card hold isn't a charge — it's often a temporary merchant authorization that's released after you pay your final bill. There are several factors to consider when it comes to how long they can hold you pending charges. 1. He is allowed to hire an attorney for a parole violation hearing. Learn more. officials that you are afraid to return to your home country, you will have to do a “Credible Fear Interview” or “Reasonable Fear Interview. Customs and Border Customer: In Tennessee, if an inmate has a hold in another county, how long past their sentence in the holding county can they be held beyond their release date? Lawyer's Assistant: Have any charges been filed? If so, when is the next court date? Customer: It was a violation of probation in another county that he has the hold for. ” This notice is filed by a law enforcement agency or prosecutor’s office advising the holding jail that the inmate is wanted for pending criminal charges elsewhere. Always politely inform the police that you don't answer questions without legal representation. An attorney faced with that situation for his/her client could file a motion to lift the detainer to allow the client to return to the street pending final disposition of the new charges. Prisoners can’t get out of prison, get paroled, or even post bail in some cases because of an active hold. Why do ICE detainers matter in criminal proceedings? Apr 20, 2022 · In Minnesota, whenever someone, either adult or juvenile, is arrested with or without a warrant for a misdemeanor, gross misdemeanor or felony, both the 36-hour and 48-hour rules apply that will dictate how long the police can hold them before either charging them, bringing them before a Judge or releasing them. Police are only allowed to detain a person for a “reasonable” time under the law. To better understand the amount of time a detainment can last and what constitutes reasonable, it’s helpful to know what it means to be detained by a police officer Dec 8, 2023 · If you find yourself under arrest in Georgia, you might wonder how long they can hold you without filing charges. Yesterday that charge was dropped to a summary. An estimated 70% of ICE arrests nationwide result from a detainer and transfer of custody from another law enforcement agency. May 11, 2021 · The Right to a Speedy Trial when the Detainer is Lodged If the State of Florida can prove that it lodged a detainer against the defendant, then the defendant can seek a dismissal of the charges by showing that the State violated his or her constitutional right to a speedy trial when it waits too long before prosecuting the case. However, “reasonable” varies on a case-by-case basis. How long can you hold someone in jail? Most states allow prosecutors up to 72 hours after an arrest to file charges, although some states, like California, allow only 48 hours. A probation detainer can prevent release even if the person could post bond for a separate new offense. In the event the documents cannot be created though the electronic file, employees will create paper copies and update the electronic file as soon as practical. Jul 20, 2020 · An attorney has indicated that they believe this person will require a legal consultation Subd. After all the procedure is complete, the prisoners would be given parole. or at U. ICE holds give ICE agents time to collect the immigrant from authorities and put them in ICE detention. Still nothing. No new charges were given or a court date received. What if a person is unlawfully detained? Victims of unlawful detention can seek What do you want to fact-check?Trending fact-checks Jun 7, 2024 · You can work on immigration applications in detention and you can request access to a law library on site. A 'hold for U. Mar 26, 2025 · An ICE hold can impact a non-citizen’s custody and release after an arrest. An immigration detainer represents a critical juncture where federal immigration enforcement intersects with state custody. As both defense attorneys and prosecutors require routine access to prisoners, the Marshals attempt to house prisoners in close proximity to the judicial district in which they are prosecuted. There are usually no delays as they state with the detainer knows the inmate's release date. Sep 30, 2025 · An ICE detainer, sometimes called an ICE hold, is a request from ICE to a local law enforcement agency, like a county jail. Aug 29, 2025 · Learn what the immigration detainer 48-hour rule means, how it affects custody, and what rights you have. These laws impact both public safety and civil liberties, making their comprehension essential for citizens and officials How long can you be under federal investigation? Federal criminal investigations can last anywhere from a few weeks to several years, depending on the complexity of the case and the resources available to the investigating agency. Typically, a jail may hold someone on a warrant for a few days to a couple of weeks, depending What is the longest you can be detained? While no set time limit exists, police are only allowed to detain you for a reasonable period while they conduct an investigation. Nov 7, 2023 · In the United States, some people are kept in jail or prison because of an active hold. Jul 16, 2022 · A person who has an outstanding arrest warrant for an out-of-state felony is found out, arrested and jailed while awaiting extradition. Jan 15, 2025 · Understanding the duration one can be held in jail for a parole violation is crucial, as it impacts not only the individual involved but also their family and community. Courts consider 48-72 hours to be a minimal time over a sentence to allow for processing to get the inmate out and if there is a detainer on the inmate, they can even be held longer beyond their How long police can detain you in Pennsylvania generally depends on the situation. Dec 27, 2021 · Why Can They Hold You In Jail For A Parole Violation For This Long? The parole board plays a vital role and is responsible for reviewing the parole case. How long does DOC have to pick him up from the jail? Mar 23, 2021 · Once you have been arrested on a Federal Complaint and Warrant, the government must hold a preliminary exam with 14-21 days unless you consent, and good cause is shown. Feb 15, 2018 · How long can a US Marshal Hold last?The US Marshals Service's detainer, or "hold," will last as long as there is an outstanding arrest warrant or unexecuted judgment ordering a term of imprisonment from the charging district. Feb 17, 2025 · Facing ICE detention? Know your rights and how long you may be held before deportation. A detainer is an order of incarceration, issued by a court against an individual who has violated a condition of his probation or parole, including receiving Learn how long you can be held in jail without a trial in the US, your constitutional rights, and what factors affect pretrial detention timelines. After the review is done by the parole board, the whole board would again review the matter. Detention Pending a Bail Hearing When an individual is arrested, the immediate question often Sep 27, 2021 · A federal detainer or "hold" is the result of a federal arrest warrant, which the US Marshals Service will execute upon your posting the bond in the state court matter. To provide clarification on what this means, many states set time limits for holding individuals in custody without charge. S. The 72-hour rule is a legal mandate that requires law enforcement to either file charges or release a suspect within 72 hours of their arrest. Feb 24, 2017 · They are supposed to hold a hearing on the parole violation within 45 days. Mar 24, 2025 · The duration a jail can hold an individual on a warrant from another county varies by jurisdiction. Dec 7, 2023 · They can advocate for the individual’s rights, present evidence, and make legal arguments to strengthen the case for relief from deportation. Mar 12, 2021 · A US Marshals Service detainer or "hold" is the result of a federal arrest warrant. What is an Immigration Detention Center? Immigration detention centers are facilities used by ICE to hold individuals who are going through immigration removal proceedings or awaiting deportation. But still, no charges have been filed nor an indictment. The legal process leading to removal can be overwhelming. 8/5 (66 votes) HDET – HOLD DETAINER: A hold placed on an incarcerated individual brought to Sheriff's custody from another state or county facility. How long can police hold you in America? Generally, if law Legal Terms Dictionary detainer - Meaning in Law and Legal Documents, Examples and FAQs A detainer is a legal term that means someone is being held in custody, often by the police, while they wait for a court decision. This means that they are ineligible for an immigration bond and how long ICE can hold you in jail, at this point, will be determined by how long it takes for the courts to decide whether or not you should be removed from the country. These 48 hours don’t include Sa Aug 20, 2024 · Discover how long police can hold you without charge and understand your rights. Had a limited credit history for 20 years prior, several mortgages and several credit cards, all paid off without paying interest (except the mortgages). Holding Period Apr 12, 2025 · A skilled attorney can negotiate alternatives like treatment programs, but outcomes remain unpredictable. Each phase has its own rules that dictate how long an individual can remain in custody. What is an immigration detainer and what authority does it provide? An immigration detainer is a request by U. Jul 8, 2025 · The purpose of the hold is to ensure the individual appears in court for the violation proceedings. Jan 31, 2025 · Understanding the balance between law enforcement authority and individual rights is crucial in navigating North Carolina’s legal landscape. There are very few free lawyers for these cases so you may Dec 20, 2014 · How long does another jurisdiction have to pick up an inmate on a detainer based on a misdemeanor probation violation warrant? My Daughter had a hearing that was Null Process in Baltimore City. Their describing him as an "armed and dangerous drug trafficker with known access to guns". Feb 25, 2025 · Learn how long you can stay in jail for a probation violation in California, what affects your detention time, and how a lawyer can help you get released. The question that comes to roost is how long the resident state can hold the accused while the felony state gets around to extraditing. However he has to finish his parole violation sentence so he has a detainer from DOC. Here is a look at the length of parole hold in some states. This period decreases to 48 hours for warrantless arrests. What is an active hold, and how does it affect an inmate’s chance for release? How can one prevent getting into this kind of situation? This article explains the concept of prison or jail holds and Jan 15, 2025 · Explore the legal processes and timelines involved in holding individuals in jail while awaiting extradition, including hearings and potential release options. Best thing would be to get a lawyer right away, if you cannot afford to consult with a lawyer, you should ask the court to appoint one who can explain what is going on, or argue for his release. Nov 19, 2011 · I agree with my colleague, if you are correct about what is going on, it is hard to understand. That sentence ends in 10 days. Probation Violations and Detainers in Pennsylvania Pennsylvania’s laws regarding detainers allow for unusually harsh consequences for relatively innocuous violations of the terms and conditions of one’s probation or parole. Usually, the question of how long you can be held in jail without bond is directly tied to the crime the defendant has been accused of committing. . However, in some cases, credit card companies may place an administrative hold on your account if you routinely pay late or go over the limit. Immigration and Customs Enforcement (ICE) for a state or local law enforcement agency to hold an individual in their custody for up to 48 hours beyond when they would otherwise be released, in order for ICE to take them into federal custody for possible removal proceedings. Unfortunately, if there is a detainer on him for the new charge for bringing contraband into the facility, they can hold him beyond his release date for processing out. In order to hold you for longer than 72 hours (not including weekends or holidays), the prosecuting attorney’s office must file criminal charges. Learn about reasonable suspicion, Miranda rights, and legal limits. These facilities can range from dedicated immigration detention centers to county jails that contract with ICE. Mar 17, 2015 · They can hold him unil he's picked up or until the detainer is lifter. Score: 4. In general, they will wait until the criminal matter is disposed of before dealing with the probation offense. Sep 15, 2021 · "How long can the us marshals have a detainer on you without filing actual charges?" How long can someone be held in jail with a detainer from the us marshals? They call it a courtesy hold. Clarifying the specific For many, detention and the commencement of deportation proceedings (now called removal) arise suddenly. If your loved one has been arrested in Minnesota and you are counting the hours Whenever an adult suspect is arrested, they cannot be detained longer than 48 actual hours from the time of arrest unless a judge has signed a complaint or determines probable cause exists for continued detention. As a practical matter, where possible, good attorneys do everything together. This period is usually 72 hours. Jan 17, 2025 · A hold, or “detainer,” is a legal mechanism that prevents an individual’s release from custody, even if they have met the conditions for bail or completed their sentence. The hold prevents the person’s release, even if they have resolved local charges, so the requesting agency can take custody for a separate legal matter. If you are in the quick deportation process (“expedited removal”) and you tell U. A person can be in federal custody even if they are in a state prison. Thank you for your reply. Unlike criminal detention, immigration detention is civil in nature, meaning it is not Jul 9, 2025 · A county jail’s authority to hold an inmate for another county stems from a formal legal request known as a “detainer” or a “hold. When a person arrested without a warrant is not released under this rule or Rule 6, a judge must make a probable cause determination without unnecessary delay, and in any event within 48 hours from the time of the arrest, including the day of arrest, Saturdays, Sundays, and legal holidays. ” Jun 19, 2017 · How long can the Feds hold you in custody before they have to charge you if described "armed and dangerous drug trafficker? My friend is in custody in a federal institution in manhattan New York. State responses vary dramatically based on violation type and history. It can also be sent to a federal or state law enforcement agency. Police can only hold you for 72 hours in Georgia before formal charges are issued. Learn how ICE detainers work and what rights you have in the immigration process. Detainment laws, which govern when and how a person can be legally held by authorities, play a significant role in this dynamic. They are then held in custody for another 48 hours, and picked up by by Immigration and Customs Enforcement (ICE). Jan 15, 2025 · Determining how long someone can be held without bond is a critical aspect of the criminal justice system, bearing significant implications for individual rights and freedoms. Jun 24, 2024 · How long can a jail hold you on a DOC detainer? Hi my husband is currently at ccdc his sentence there ended today. Therefore criminal defense counsel must be familiar with ICE detainers, how they can affect criminal proceedings, and strategies for mitigating the risk of ICE arrest. When your husband arrived at the state prison, the marshals took him into federal custody on the federal arrest warrant by way of a federal court order (or "writ of prosequendum") to face Apr 11, 2019 · To combat a detainer, you can file legal action against the Department of Homeland Security. – Joshua Sabert Lowther, Esq. May 22, 2020 · It can also apply to those who are a flight risk or those who have previously been deported from the United States. gjzfpj svokty lcuhj apcsk hnutxahi srx zejmdk mhhce tobe nldu ysbjfq ikgzx qauezv hkaz pjeyds