Reviewed on: April 05,2026

How long before a preliminary hearing in jail

my friend has been in co jail for 6 months now. he has still not have a prelim hearing. how long can they hold you before you get hearing or court date?

Asked: March 07, 2013
Author: Evey
Ask the inmate answer
1

In most cases, a preliminary hearing is supposed to happen fairly quickly after an arrest, often within days or a few weeks depending on the state. Six months without a preliminary hearing is not typical, but it does happen under certain circumstances.

The Constitution guarantees the right to a speedy trial, but that right can be affected by several factors that slow the process down. Common reasons for delays include:

  • Continuances requested by the defense or prosecution
  • Multiple co-defendants, which can complicate scheduling
  • Ongoing investigations or evidence issues
  • Court backlogs or overcrowded dockets
  • The defendant agreeing to waive or postpone the hearing

It is also possible your friend may have waived the preliminary hearing without fully explaining it, which is common in some cases and moves the process forward to the next stage instead.

If he truly has not had a hearing and did not waive it, his attorney should be addressing this. A public defender or private attorney can file motions to push the case forward if there are unnecessary delays.

The best step is to have your friend speak directly with his attorney to understand exactly what stage the case is in. Without that detail, it is difficult to know whether this is a delay, a waiver, or part of a larger legal strategy.

https://www.inmateaid.com/ask-the-inmate/how-long-before-a-preliminary-hearing-in-jail#answer
Accepted Answer Date Created: March 08,2013

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