How Soon After the Arrest will Charges be Filed and the Defendant can Post Bail?
The U.S. Constitution says that a defendant has the right to a speedy trial. This does not mean the trial itself will be completed within a certain amount of days. It means that the time between the formal arrest and the decision of the formal charges must be a reasonable amount of time. For most states, this is a 72-hour window, but for California, it is 48 hours. So, the prosecutor has 2-3 days, depending on state law, after a defendant is arrested to deliver the charges that will be filed.
This also protects defendants from having to remain in custody and jail for a lengthy time before the trial begins. Once the charges are announced at an arraignment hearing, then the defendant can post bail to return home...
