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Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience:  GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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In California, after being arrested, what is the maximum amo

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Submitted: 7 years ago.
Category: Legal
Expert:  Ed Johnson replied 7 years ago.

Dear wegee,

can you finish your question?

Customer: replied 7 years ago.
Reply to Ed Johnson's Post: THANK YOU!!
Last July I was arrested and taken to jail. I was booked sometime around 11:30 a.m.. I was not charged with anything when I finally got to go to court that following Thursday, about the same time of day. (72 hours or so. Sorry but they didn't allow me to carry my paperwork out of the jail when I left so I can't be exact...soooo many other wierd things were also happening there pertaining to my time there.)
The Judge said he had some good news for me. He said the D.A. wasn't sure what to do about my case..or if they were even going to do anything with it at all. I was then given another court date. About five hours later I was released on my own O.R.. At this time I had been incarcerated about 77 hours.
What do you think about this so far??
Thanks Again,
Weegee.
Expert:  Ed Johnson replied 7 years ago.

DearCustomer

Well, youi do not say what you were booked for.

But, it sounds like they may not have the evidence required to sustain a charge, or that the incidnet is marginal enough, that they may wish to not prosecute.

Most likely, depending on what the offence was, it may not be worth the time and effort of an investigation to gather enough evidence.

If they had a strong case, you would not have been released as you were.

Customer: replied 7 years ago.
Relist: I still need help.
In California, is there a certain amount of time which a person must be arraigned after arrest? 48 hours? 72 hours? Or does it matter? While in jail? I was not arraigned until the next month-and was not released until over 72 hours after arrest. Does any of this matter? Do they have to drop the charges??
Expert:  Ed Johnson replied 7 years ago.

DearCustomer

There is no time limit on the arraignment. At each step of the process the police and prosecutor are generally careful to preserve their abiltiy to bring charges and prosecute later on. Especially in marginal cases where they may not have sufficient evidence.

Hence,

You are released, but the arraingment comes only after it is determined that there is a crime. This requires evidence. The fact that you had an arraignment after the arrest would tell me that the prosecution or at least the arresting officer, felt that there was sufficient evidence that a charge was filed.

The minimum statute of limitations in California for any crime is one year, with some being longer. So, Depending on the misdemeanor or other charge, as long as you were arrained after filing of charges within one year, they are within their rights.

This is why charges are not always filed right away. Some cases for some activities may linger for years before charges are filed.

So Arraignment, depending on the crime, comes after a charge is filed, not after release from Jail.

Some crimes, if serioius enough and evidence is strong, may result in being held in jail for longer periods of time. Unless you have an attorney to represent you, there are situations, where a person can be held for as long as 6 months or even a year, pending charges and arraignment.

1. If charges are filed, they can hold you until you are arraigned. If charges are not filed, you are generally released within 72 hours, but it can be longer. An attorney can get you released within 24 hours.

2. misdeamenor cases and other low level felony's the court may release you before arraignment. In your case they released you before arraingment.

3. During an arraignment, you had to make a plea. ANd court dates are set. So, as long as they have the evidence, there is no requirement to drop the charges as long as the prosecution wants to pursue the case, according to the docet schedule. Once you have been arrained, the statute of limitations no longer applies. The trial date may proceed as scheduled, or there can be delays, continuances, requested of the prosecution or the defence until your day in court arrives.

generally, there is a 90 day period in which the charges can be brought (not true of all crimes), and 120 days after that in which the prosecution has to decide if they will prosecute.

 

Customer: replied 7 years ago.
Thank You for your replies. One last Question if I may; I am confused as I am reading things like:

1. 48 hours is generally the maximum time allowed between a warrantless arrest and a judicial determination of probable cause.

2. The process of a criminal trial starts when an individual is arrested OR charges are filed for a warrant. Within 2 to 48 hours of initial arrest, the defendant must have his informal arraignment.

3. Review of probable cause by judge must take place within 48 hours of arrest

4.Anyone arrested in California must be brought in front of a magistrate or a judge to be arraigned within 48 hours of the arrest. (unless it is a weekend or holiday)
Expert:  Ed Johnson replied 7 years ago.

1. 48 hours is generally the maximum time allowed between a warrantless arrest and a judicial determination of probable cause: ANSWER: The fourth amendment requries a judicial detemrination of probable cause. within 48 hours. However there is are circumstances where probable cause determinations are not required. Probalb cause determinations are most often done in a judges private chambers. Witnesses, suspects, and police officers are not normally present. The judge reads the doucments submitted by the police and makes a determination. IN nearly all cases, you will not even know it is going on.


2. The process of a criminal trial starts when an individual is arrested OR charges are filed for a warrant. Within 2 to 48 hours of initial arrest, the defendant must have his informal arraignment. ANSWER: Again, this is generally true. However the clock can stop and go depending on the circumstances. If the clock stops after court has closed on the end of the 48 hours, then the arraingment can happen the next day, bringin ti up to 72 hours. In addition, REASONABLE delays are allowed. All administrative delays are considered reasonable. The following delays are not reasonable:

  • The delay "motivated by ill will" against the arrestee.
  • The delay made the work of the police or DA "easier."
  • The delay occurred so the arresting officer could get some sleep.
  • he delay occurred because the arresting officer's shift had ended.
  • The delay was "not unusual."
  • The delay resulted from a departmental policy of seeking probable cause determinations at the latest possible hour.

3. Review of probable cause by judge must take place within 48 hours of arrest (see above comments). The judge could have reviewed them, you do not know without examining court documents.

4.Anyone arrested in California must be brought in front of a magistrate or a judge to be arraigned within 48 hours of the arrest. (unless it is a weekend or holiday) See comments above. It is the same question as number

Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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