August 29, 2025 | Criminal Law
Being held by the police is a stressful and confusing experience. If you are taken into custody in Indiana, you might wonder how long officers can legally keep you without filing formal charges. While law enforcement has certain powers, there are clear limits designed to protect your constitutional rights.
Learning about these rules can help you safeguard your freedom, so read on to learn more about your legal rights in these circumstances.
The 48-Hour Rule in Indiana
Under both federal and Indiana law, you cannot be held indefinitely without charges. Courts generally require prosecutors to file charges within 48 hours of an arrest. This time frame is based on the U.S. Supreme Court’s decision in County of Riverside v. McLaughlin, which set the standard that individuals must be brought before a judge “promptly,” usually within two days.
There are limited exceptions. For example, if you are arrested late on a Friday, weekends and holidays may slightly extend the deadline. However, police and prosecutors cannot use these exceptions as an excuse for holding someone unreasonably long.
If charges are not filed within this time frame, you must be released.
What Happens During This Time?
After an arrest, officers may use the detention period to:
- Collect evidence related to the alleged crime
- Interview witnesses and take statements
- Prepare reports for the prosecutor’s office
- Decide whether enough evidence exists to move forward with formal charges
This short window gives prosecutors time to review the case and determine whether they can proceed. If the evidence is weak, the state may choose not to file charges, and you should be released.
Can the Police Hold Me Without Arresting Me?
Yes, but only for a short time. Police may conduct a temporary detention, often called a stop and frisk or “Terry stop,” if they have reasonable suspicion that you are involved in criminal activity. These stops usually last only as long as necessary for the officer to confirm or dismiss their suspicions, meaning often minutes, not hours.
If the officer develops probable cause during the stop, they may arrest you. Without probable cause, however, you are free to leave.
Your Rights if You’re Detained in Indiana
It’s critical to know your rights during any detention with law enforcement. These include:
- Right to remain silent: You do not have to answer questions about the alleged crime.
- Right to an attorney: You can request a lawyer at any time. Once you do, questioning should stop until your attorney is present.
- Right against unreasonable searches: Officers must follow constitutional rules when searching you or your property.
Exercising these rights can prevent law enforcement from building a strong case against you.
What if I Am Held Too Long?
If police or prosecutors fail to charge you within the required time, your criminal defense lawyer can file a motion to have you released. Any evidence obtained during an unlawful detention may also be challenged in court. This could weaken the prosecution’s case or even lead to your charges being dismissed.
Contact Suhre & Associates to Schedule a Free Consultation With an Indianapolis Criminal Defense Lawyer
Having an experienced Indianapolis criminal defense attorney by your side ensures that law enforcement is held accountable and that you are not unfairly deprived of your freedom. If you or a loved one has been detained, contact Suhre & Associates DUI and Criminal Defense Lawyers for a free consultation.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204
(317) 759-2599
