Legal Question in Civil Rights Law in California

My nephew was arrested about two weeks ago. He was walking to his girlfriend's house at around 10:00 pm. He called my house at 11:00 pm from the detention center. He was being acused of home burglary, something that he denied. The only "evidence" they had was that the suspect was wearing a black shirt and converse shoes. Well, from what I can see all the kids are dressing the same way these days, I was when I was in high school. My mom told me that he was released today, I was under the impression that they could not prove he was the suspect. When I talked to him he told me that he pled guilty because he couln't take the pressure anymore. I asked him if he actually commited the crime and he told me he didn't, somehow they gave him a misdeameanor as a reduced sentence. I told him that that was going to affect his life in the future. Can they really hold you that long without having evidence that proves without the shadow of a doubt you commited the crime? Were his rights violated? We're hispanic by the way. It scares me to think that the same thing can happen to me or anybody else, while the real criminal is out there, free.

Asked on 7/20/11, 10:03 pm

Terry A. Nelson Nelson & Lawless

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A suspect must be arraigned within 48 hours of arrest, not counting weekends or holidays.

If he was charged and is serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

Answered on 7/21/11, 11:39 am

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