this post was submitted on 09 Jan 2026
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[–] NateNate60@lemmy.world 19 points 3 days ago* (last edited 3 days ago) (21 children)

The law requires people who are arrested to be charged with a crime or released immediately. So in order to obtain an arrest warrant, prosecutors would need to file a criminal complaint followed by an indictment or an information. The accused could then assert their right to a speedy trial and demand an immediate trial. Depending on local court case loads, this could be scheduled in as little as a week (not typical; usually at least a fortnight up to six weeks).

Edit: A slight correction. An arrest warrant can be applied for without filing a complaint, but judges will require that a complaint or some other charging document be filed expeditiously after the accused is taken into custody. It is not legal to hold someone in jail without charge. Criminal procedure laws are not nationally uniform in the US; it varies by state.

So in a nutshell, once someone is arrested, the prosecutors are required, essentially, to already be ready to press charges and go to court. If they are not, then an early arrest followed by a judge ordering their release for lack of charges would be prejudicial to their case.

[–] rafoix@lemmy.zip 8 points 3 days ago (2 children)

What about in the situation where the person is considered a danger to the public?

[–] NateNate60@lemmy.world 19 points 3 days ago (1 children)

Legally, the law says "too bad". American law does not recognise the concept of administrative detention. If someone is a danger to the public, then there must be probable cause to believe they have committed a crime before an arrest warrant can be issued. After they are arrested, they must be charged by prosecutors immediately. Or, at least, this is how the normative state works. There are many exceptions in fields like national security and military law.

[–] SillyGooseQuacked@lemmy.world 10 points 3 days ago

I love that you're providing genuine answers to questions in this thread, it's always needed because the questions are often genuine, but coming from a place of very well-justified anguish or anger.

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