ABA Family Legal Guide

Criminal Justice

The Police and Your Rights

How long may police hold suspects before charges must be filed?

If the police have probable cause to believe a person has committed a crime but the prosecutor has not yet brought formal charges, the police may detain the suspect in custody for a short period of time (generally twenty-four to forty-eight hours). Probable cause is defined as facts sufficient to support a reasonable belief that criminal activity is probably taking place or knowledge of circumstances indicating a fair probability that evidence of crime will be found. It requires more than a mere hunch, but less than proof beyond a reasonable doubt.

After this short period of detention, the police must release the person, or bring formal charges and take the suspect before a judge. If released, the person may be rearrested at a later date if the police obtain sufficient evidence.