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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111592
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son was arrested Tuesday evening, and s arraignment was

Customer Question

my son was arrested Tuesday evening, and his arraignment was scheduled for Thurs at 130 pm. The jail mistakenly told court he ad a medical emergency, which did not happen...and did not ake him to the arraignment. They said it is rescheduled until Mon at 1:30 now , some 6 days later. Doesn't the law say e has to be arraigned within 48 hrs on weekdays? what are his rights.....?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I don't want a free trial or to sign up for anything.....I will pay the $36. for an accurate and quick answer now....am I going to get that or is this just a way to get people to sign up for this subscription? What are his rights now, and what should I do? that is the answer I want....should I get an attorney to go to court Monday? or what?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under California Penal Code 825 PC, he must be arraigned within 48 hours, it also states "When the 48 hours prescribed by paragraph (1) expire at a time when the court in which the magistrate is sitting is not in session, that time shall be extended to include the duration of the next court session on the judicial day immediately following. If the 48-hour period expires at a time when the court in which the magistrate is sitting is in session, the arraignment may take place at any time during that session."

So, if they did not bring him for arraignment as proscribed and he had no medical emergency, then you could have had an attorney appear on Friday to file a motion for his release. Now on Monday you need to get him an attorney to seek his release for them violating his rights to arraignment within 48 hours. Failure to arraign within 48 hours does not warrant dismissal of the case, it is grounds for him to be released without bail and also to a civil suit against the police for unlawful detention/imprisonment.

Customer: replied 1 year ago.
OK, I found all that myself on the web....but thanks. Make sure you CANCEL ANYTHING FURTHER............I do not want a membership or trial subscription, etc.or anything else. I DO NOT AUTHORIZE ANY FURTHER CHARGES TO MY CREDIT CARD, EFFECTIVE IMMEDIATELY.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you the site told you before you posted your question we cannot represent anyone and all we can do is tell you what the law is, which is what you asked and we provided. If a customer says "I knew that already" it is because they did not tell us what they know or do not know so we have no way of knowing. Had I have known, I certainly would not have wasted your time telling you the same thing all over again.

If you have any other specific questions we can answer I am glad to do so, if you reply and ask. I cannot help what the laws are, those do not change and all I can tell customers is what they are or answer their specific questions about them.

You do not have a subscription, the only charge you would have is the one you made for the one question. As the experts are not employees of the site, we kindly ask you to leave positive feedback (3 - 5 stars) as if you do not do so the expert gets no credit for spending time with you and the site simply keeps your money. Thank you for understanding.

Customer: replied 1 year ago.
Can you refer me to an attorney in san Bernardino/Riverside County that can handle the civil suit? They let him out Monday, on still required $50,000 bail.....be posted. We want to sue them......
Expert:  Law Educator, Esq. replied 1 year ago.

thank you for your reply.

Legally, the only referral we can make is to the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com