How long can the government keep someone in jail before they are brought to trial?

Answer 1

Generally, accused persons must be arraigned as soon as possible. While there is no specific time set in the Federal Rules of Criminal Procedure, "Rule 5: Initial Appearance" states the following:

(a) In General.

(1) Appearance Upon an Arrest.

(A) A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise.

In general, if the arresting/investigating officer has strong evidence, arraignment will occur within hours (typically less than 24) of the arrest. In situations where the case is not so certain, situations will "interfere" with this process.

This process also falls under the auspices of the Speedy Trial Act of 1974. 18 U.S.C. §§ 3161-3174 (US Code) contains The Act as amended 2 August 1979 and lays out the time period, both minimum and maximum for filing an indictment with the courts (within 70 days from the date the indictment was filed and not less than 30 days from when it was filed to provide the accused of adequate defense).

While these are Federal Laws, they deal with Civil Rights and cannot be superseded by the states.

As far as conviction, if no bail has been met or set, the accused may remain in jail largely indefinitely as long as the process continues.

If the accused is being held for terrorist acts (which can be defined as any act of terror against two or more people), he can be held forever with no consideration for civil rights, no lawyer, no trial, no investigation beyond what was used to apprehend him.

Answer

In the United States every state as well as the federal government has a speedy trial statute that requires a defendant to be brought to trial within a specified time after indictment, generally a year or less. That time is extended by pre-trial motions, discovery needs and other issues that arise in any pre-trial setting implicating the interests of both parties. If the government has moved for a continuance of the trial, either the defendant must agree with it or the speedy trial clock keeps running. One would need to check the individual state statutes for any exceptions.