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LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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my girlfriend is in jail since wed. 12/29/10 booked on felon

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my girlfriend is in jail since wed. 12/29/10 booked on felony dui. dont you have to see judge within 72 hrs and she still doesnt have court date.
Good morning,

I'm sorry to hear of your girlfriend's dilemma.

I'm wondering why your girlfriend, or you, have not bailed her out yet. That is the quickest way out of jail following a DUI---even a felony DUI.

As regards XXXXX XXXXX between arrest and the arraignment, anyone arrested for a felony offense, and not released on their own recognizance, or by posting bail, must be brought to court for their arraignment within 72 hours of their arrest. However, weekends and holidays are not counted towards this constitutional time requirement. Consequently, despite the fact that she was arrested and jailed on Wednesday the 29th, because the third day (72nd hour) fell on both a National Holiday and a Saturday, the arraignment was not mandatory. The same goes for today---Sunday. She must be, and will be, arraigned tomorrow though.

I wish you the best in 2011.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. I do work diligently to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me.

It has been my pleasure to assist you, and it would be greatly appreciated if you would
click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance. Best regards,


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