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Defendants who cannot afford the bail or bond must remain incarcerated until they are acquitted by trial or the charges are dropped or dismissed. In the event he can obtain a Personal Reconnaissance Bond (PRB), he can typically go free with contingents placed upon him by the court.

How long is a matter of court schedule typically. In a medium sized US city, that could be three months to a year and a half. Usually, but not always, this time will be applied as time served in the event of a guilty verdict and will be applied against the final sentence.

In the event that you know, beyond a shadow of a doubt, that you are unquestionably innocent of the charges on all counts, enlist the full weight and power of the US Constitution and do not sign a Waiver of Rights to a Speedy Trial. Under 18 U.S.C. 3161 (see the link below) the prosecutor has 70 days from the moment charges are filed to bring the defendant to trial. You must file a Not Guilty plea however. Under some provision, the prosecutor can push the deadline to 180 days. However trial must commence or the charges dropped or dismissed within the time limit. In the event this is done with prejudice, and the prosecutor can bring charges again later, the time limit is changed to a maximum of 120 days in the second year and 80 days three years after the calendar year the charges were brought.

It is important to keep in mind that if the defendant has any culpability in the charges filed, it may be unwise to refuse to file the waiver. Always consult an attorney (or two) before doing anything regarding criminal charges.

See 18 USC 3161-3163 linked below.

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Q: How long does an inmate stay in jail if they cannot afford the bond?
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