Does a person ever get out of jail before their court date?

I have ang story but I can't tell it because I was over 420 characters but I feel like those details were very important to mention. So, I just discarded the draft for my last question and I'm going to make this question very short:

I was in a domestic violence situation. The cop told the person that abused me that he won't be released from jail until seen by a judge. Does that mean he has to wait the few weeks until our actual court date or does he see a judge before then? I'll be saying my part of the story and getting an order of protection on him (we have a daughter together).

Do I have to worry about him getting out of jail before our official court date?

Updates:
Thank you all for your opinions. I, now, understand that he can't get out unless he's bailed out before the court date and that all depends on what he's being charged for. Well he doesn't know any family's number by heart. He's broke so I got two calls from an inmate and I ignored them. I'm not sure how he's able to call me if he's not allowed to reach me until 72 hours after his arrest. Hmmm... I feel bad for him but I refuse to be a fool once again!

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Most Helpful Guy

  • Last time I was arrested (ah the good old days, I miss my 20's) they had 2 days to charge me with something. Usually in the paperwork there will be a court date and bail is set (mine was 2 months later, you must live in an efficient county). Now I could have went with a bail bondsman but those are a waste of money (you permanently lose 10% of the total bail set) if you don't mind the free room and board. In short if he posts bail he's out in a few days. Other than that unless he gets life w/o parole (unlikely, unless he killed you or tried to very hard) he will get out sooner or later. If he's one to hold a grudge that protection order is literally a paper shield, and won't do a thing if he doesn't care about jail (less effective if you already know the drill, why most cons end up going back, the fear of the unknown is no longer a factor). If I were you I'd disappear out of state just to be safe, very few will try to hunt you down to the point you need the something like the WPP.

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    • You just scared me with this post lolz. I feel like he's too scared to go to jail in the first place so I don't think he's willing to go back.

    • Yeah that's the thing jail is scary to most people that haven't been there before. A point is reached you get used to it (took me about a week to settle in on my last 180-day stretch). After that it's not as scary anymore after you get out, just disappointing if you had other plans. I don't know your ex but I've had a few cell mates in for similar shenanigans. One was sentenced to 12 years and got out in 5, but he had a long laundry list of offenses which included statutory rape and felony escape from breaking out of jail while awaiting sentencing on the rape charge as well as multiple burglaries while on the lam for 6 weeks after the escape. But yeah if he's like that guy I'd move cross country.

    • I didn't find out until the day of his arrest that he had plenty more charges. I searched very hard and finally found that he has unprescribed drug charges, something about narcotics, traffic offenses and trespassing. Seems like he would be used to jail with so many charges but he begged me to lie about him hitting me once the police came like he was scared.

Most Helpful Girl

  • It depends. Generally after an arrest he'll be arraigned - where he's informed of the charges and has to enter a plea of guilty/not guilty. At that point depending on the charge, plea, previous convictions or social circumstance he could be given bail to be released while waiting for the actual trial or sentancing hearing to come around

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What Guys Said 3

  • If he was jailed for a criminal offense, he is entitle to have bail established "in a reasonable amount (unless the crime is punishable by a life sentence or by a death sentence.) That first appearance happens within 24 hours if incarceration. However, there are some exceptions to the general rule and those vary from state to state.

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  • Unless bailed out before the trial, no they won't usually just be released.

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  • He will see a judge for arraignment/bond hearing before his trial date. He could be released soon, or bail could be set. I'd get a protection order immediately, as he could be before a judge today.

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    • Wow ok I thought that I start the order of protection on our court date. Can't he get up to a year in jail for domestic violence after the court date or do they release him shortly after?

    • He could get sentenced to a year; but he could be out of jail prior to his trial and conviction. He could get out on bail. not a guarantee; but very possible.

    • Wow that's a very long time but I would rather feel safe with my baby

What Girls Said 4

  • I'm sure it is different in different states/counties but there will probably be a hearing to decide whether he gets released or not. If this is his first offense they would be more likely to release him.

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  • Bail if often set with conditions that the individual have NO contact with the other party.

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  • Yes, it's call bail

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  • He will usually see a judge within 24-48 hours of being arrested. The judge will set a bail amount at that time. If the abuser makes bail, then they may be released. At that time, a court date for the criminal offense he got arrested for will be set. The judge will probably order him to stay away from you if he is released on bail.

    Communicate with the District Attorney.

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