Legal Question in Criminal Law in California

arrested

my husband was arrested for assualt will on felony probation on sunday november 4th, does the 72 hour law apply to him and does it matter that it was on a weekend i know nothing about law?


Asked on 11/05/07, 10:02 pm

2 Answers from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: arrested

He has to be brought before a magistrate on the new case within 72 hours or he has to be released on the new case. However, because he is on felony probation, he can be held on the probation violation longer. So, while he may be released on the new case, he could still remain in custody on the probation violation. The District Attorney's office then has time to decide how and what to charge on the new case since he will be in custody for a bit on the probation violation.

Good luck,

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Answered on 11/06/07, 2:07 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: arrested

He has to be brought before a magistrate on the new case within 72 hours or he has to be released on the new case. However, because he is on felony probation, he can be held on the probation violation longer. So, while he may be released on the new case, he could still remain in custody on the probation violation. The District Attorney's office then has time to decide how and what to charge on the new case since he will be in custody for a bit on the probation violation.

Good luck,

Read more
Answered on 11/06/07, 2:07 pm


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