How long can a inmate stay in the county jail - Essay Example

Though many people might go to jail several times, they might never go to prison, but they will have gone to jail if they are in prison. Jail is run by the county and prison by the state. A county jail is very different from a prison; it is a temporary housing for inmates. When people are arrested they are taken to the county jail. Even though some states may differ, a detainee must be charged within seventy-two hour after arrest or set free. An offender may not be sentence for more than three hundred sixty-four days in the county jail.

A day over that time, he has to go to prison. The norm is, no one ever serves their full sentence in a county jail, they usually spend a third of their sentence. However, a person who defies a judge's order, and is charged with contempt of court, may stay in jail indefinitely; as long as he/she refuses to follow the judge's order. The Wall Street Journal, posted January 8, 2009, Ashley Jones reported that a man who defies the judge's order, and was charged with contempt of court has been in jail for over ten years.

No one can stay in jail longer than the time specified by a judge, unless that person commits another crime while in jail and has another trial, and is sentence to more time in jail. If this sentence exceeds a year, he has to go to prison. A judge does not file motions, a lawyer files a motion on the client,s behalf. The website, FindLaw.com, states that a lawyer can shorten his client's jail time by filing a habeas corpus, a writ requesting a speedy hearing before a judge. This is the time that the trial date is set.

People have always misunderstood the difference between jail and prison. Upon arrest, a detainees goes to jail, however, an arrest before the Miranda rights is read, or without the Miranda right being read, will null the charges in a court of law. Most federal detainee goes to federal jail, but they sometimes go to county jail. Reference “The Arrest Process.” FindLaw.com. Retrieved July 21,2011, from http://wwwCriminal.findlaw/crimees/criminal-case-stages/arrest/default.aspx Jones, Ashley.

(2009, January 8) “No Charge: In Civil Contempt Cases, Jail Time can Stretch on for Years.” Wall Street Journal Law Journal. Retrieved July 21, 2011, from http://www.online.wsj.com/article/SB1231372630962652-html