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I was arrested on a felony and bailed out,I went to report…

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I was arrested on a...
I was arrested on a felony and bailed out,I went to report to my probation officer on June 6, and he locked me up for probation violation,My court date for new case was on June 19.According to P.C.code 825 the D A has 48 hours to arraign me from June 19,and if the DA don't arraign me by June 21,that makes the case a DA reject?
Submitted: 8 months ago.Category: Criminal Law
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Answered in 9 minutes by:
9/22/2017
Criminal Lawyer: Nisha Jones,
 replied 8 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,031
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 8 months ago

In what state did this occur?

Just to clarify, what exactly happened at the Arraignment date on the 19th? ..Did the prosecutor say they were not going to move ahead with filing charges?

Typically a prosecutor has around 2 years from the date of the alleged incident in which they can file criminal charges.

For some more serious felonies, that statute of limitation is a bit longer.

However, if the prosecutor stated at Arraignment that they would not be filing charges, then you should expect that the case is closed, and no charges will be filed.

The 48 hour rule you may be referring to may be the requirement to go before a judge and be issued a bond within 48 hours of your arrest.

Since this new potential incident was a probation violation, you should also be prepared to attend a probation violation hearing (pvh). A pvh is where the prosecutor and your PO will try to establish to the judge that a violation did in fact occur, and a penalty should be issued.

The burden of proof for the state is much lower at a pvh than at a trial, so you want to make sure you have an attorney representing you at that hearing, to make sure your side of the case is adequately presented.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 8 months ago
You didn't answer my question my question is if I'm not arraigned within 48 hours isn't it DA reject
Criminal Lawyer: Nisha Jones,
 replied 8 months ago

Are you referring to arraignment or a bond hearing?

If you are referring to arraignment, then the answer is no.

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Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 8 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 8 months ago
If I'm not arraigned on the case within 48 hours doesn't that make it a DA reject
Criminal Lawyer: Van, Retired Judge replied 8 months ago
Van
Van, Retired Judge
Category: Criminal Law
Satisfied Customers: 96
Experience: Criminal Court Judge
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HI, my name is ***** ***** I believe I can help you. Please tell me the State where this incident occurred.

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Customer reply replied 8 months ago
California
Criminal Lawyer: Van, Retired Judge replied 8 months ago

Please allow me a few minutes to check the law in California. What happened after your probation officer arrested you for probation violation? Did you make a second bond to get out of jail? What happened at your probation hearing? This information will help me to answer your question.

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Customer reply replied 8 months ago
I made a second Bail and the probation violation was dismissed and my Probation was terminated
Criminal Lawyer: Van, Retired Judge replied 8 months ago

If your new arrest was a felony the District Attorney has at least one year to decide if they will charge you with a crime. The two day time limitation you are referring to in your question has to do with making a first appearance to have your bail set. Please make sure to keep your address current with the court in the event the DA decides to charge you. If the DA decides to charge you, you will receive a subpoena for your arraignment date. Please let me know if you have any other questions.

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Criminal Lawyer: Van, Retired Judge replied 8 months ago

You always have the option of calling the clerk's office at the courthouse or the District Attorney's office to see if the charges were accepted or refused. Please let me know if this information was helpful.

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Customer reply replied 8 months ago
I was in jail when my court date came June 19 and they did not arraign me. California Penal code requires that Charges be filed within 48 hours. Isn't it illegal that they arraigned me a whole month later on July 21 and I am in custody the whole time ?
Criminal Lawyer: Van, Retired Judge replied 8 months ago

I'm not sure that I understand what happened to you, are you still in jail?

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Customer reply replied 8 months ago
No I'm not in jail I went to probation violation court on July 24 and got my probation violation dismissed and probation terminated
Customer reply replied 8 months ago
Then I bailed out
Criminal Lawyer: Van, Retired Judge replied 8 months ago

If I understand you correctly, you were arrested on a new charge and bailed out. What date were you arrested on the new case and when did you bail out? Then you went to your probation officer on June 6 and got re-arrested for a probation violation, correct? How many days did you sit in jail on the probation violation before you were released? It appears that on the day you were to appear in court on June 19th you were in jail, so far am I following the facts of your case?

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Criminal Lawyer: Van, Retired Judge replied 8 months ago

Have you checked to see if there is a warrant out for your arrest for the new case? It is possible that the court was not aware that you were in jail on June 19th, the day you were supposed to appear in court on the new charges, and issued a warrant for your arrest. That would certainly explain the delay for your arraignment.

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Customer reply replied 8 months ago
I was arrested on the May 27 and I bailed out on May 29 or 30th. And was given a court date for June 19, then I want to see my PO on June 6 and he arrested me. June 19 came I told the sheriff that I had a court date for June 19 they looked it up and said I didn't have no court date I just had a violation hole. Then on July 21 I was arraigned on that case.
Customer reply replied 8 months ago
I got the probation violation dismissed and my probation terminated on July 24 then I was able to bill out.
Criminal Lawyer: Van, Retired Judge replied 8 months ago

Got it! You were not taken to court for your arraignment on July 19th because the Sherrif's office did not have you on the jail list to take you to court for your arraignment. That is exactly what I expected. If your question is whether it is legal for the prosecutor's to continue the prosecution on the new case without you going to court in a timely manner, unfortunately the answer is yes. Please let me know if there is anything else I can do for you.

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Customer reply replied 8 months ago
Isn't that grounds for dismissal for violating my due process rights
Customer reply replied 8 months ago
the penal code 825 that requires the charges to be filed within 48 hours doesn't mean anything
Criminal Lawyer: Van, Retired Judge replied 8 months ago

Based on the information provided by you, I don't see where you can win the motion. If you had an arraignment set for June 19th that means the DA's office accepted the charges. The fact that you didn't appear for the hearing on that date is a different issue. I think I could better explain this matter to you via a phone conference.

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Customer reply replied 8 months ago
My question to you is if the DA doesn't file the charges within 48 hours doesn't that make it a D A reject?
Criminal Lawyer: Van, Retired Judge replied 8 months ago

Unfortunately for you the answer to that question is NO.

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Criminal Lawyer: Van, Retired Judge replied 8 months ago

As a former prosecutor and former Criminal Court Judge, I have seen situations very similar to yours.

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Customer reply replied 8 months ago
If they don't have a probable cause determination does that make a D A reject?
Criminal Lawyer: Van, Retired Judge replied 8 months ago

You seem to think that the DA in CA is required to file charges against a defendant within 48 hours after an arrest. The DA in CA is not required to file charges within 48 hours, by law they are required to hold a first appearance for a bond to be set. Based on what you explained in your initial question, you had a bail hearing and bailed out on the new charges, none of your rights were violated as it relates to your 48 hour hearing. After you bailed out of jail you were re-arrested by your probation officer, that is a totally different issue. Now you are asking a different question as it relates to a probable cause finding on your new arrest.

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Customer reply replied 8 months ago
I have never had a bail hearing they just give you a court date when you bail out
Criminal Lawyer: Van, Retired Judge replied 8 months ago

In order to bail out on your new charges a judge had to set your bail.

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Customer reply replied 8 months ago
Don't they have certain bail amounts for certain charges?
Criminal Lawyer: Van, Retired Judge replied 8 months ago

I have no problem with continuing this conversation to make sure you understand your rights, yet we are well beyond your initial question. Of course, there are certain bail amounts for certain charges, but the Judge setting the bail can go below or above based on the facts of the case.

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Criminal Lawyer: Van, Retired Judge replied 8 months ago

You are probably thinking about recognizance bonds where a person just signs a piece of paper and is released from jail and given a court date. Clearly that didn't happen in your case because you paid for a bail bond, according to your original question.

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Customer reply replied 8 months ago
Doesn't work like when ever you get a case a bond is set according to what kind of case you catch without a judge have anything to do with it
Customer reply replied 8 months ago
I know for a fact that if you're not charged within 48 hours in California some states 72 hours that it's a DA reject
Criminal Lawyer: Van, Retired Judge replied 8 months ago

I will have to accept what you say is true. I will gladly continue this Q&A session; however, we are well beyond your initial question. Please let me know if you are willing to accept my offer for additional Q&A time or a phone conversation.

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Customer reply replied 8 months ago
You have proven to me that you're not going to give me any real answers and that this site is not where I can get real answers to my questions
Criminal Lawyer: Van, Retired Judge replied 8 months ago

I have given you plenty of real answers, the problem is that you are convinced you know the law, based on your two experiences having been arrested. Even if the judge finds no probable cause on your new arrest, the DA's office can still accept the charges. In addition, the DA's office haws 2 years from your arrest to accept charges on a felony offense. I wish you the best with your new case. I highly recommend that you seek legal counsel if you truly feel like your rights have been violated.

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Criminal Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,163
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I am yet a third contributor.

I am afraid that your prior two contributors are correct. There is no such law in CA or any other state saying if you are not arraigned in 48 or 72 hours the DA will reject the charges. If you are in jail and not arraigned in that time you can be released from jail, but it has nothing to do with the time a DA has to accept or reject charges, to file for a grand jury indictment or even file a bill of information charging you.

Just because they fail to arraign an arrested subject in 48 or 72 hours, that would be cause to release the arrested subject from jail, but they have 2 years to actually decide upon charges and whether to go to grand jury or file a bill of information.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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