Legal Question in Criminal Law in California

My boyfreind was picked up in Vista, CA on 2/4/11 for a warrant out in Rapid City, SD. Warrant to my knowledge is for an alleged theft holding a bail of $7500. Boyfriend was told if SD doenst come get him within the 30 day, he is to be released from California jail and case is to be dismissed. He was supposed to have court yesterday morning in San Diego, but then said SD has showed up. Now he is in Ventura County and they are telling him he is to be there until 3/15/11. What I want to know is how is this legal in any way to hold him for longer than the 30 days? He has not been charged with anything or sentenced. Between me living in Minnesota, where he lives now, was just back home to visit great grandmother before she passed away. His mother (who lives in CA) and I trying to figure this out and hoping someone can offer us some advice. Thank you very much for your time.

Sincerly,

Danielle Schneider


Asked on 3/11/11, 8:50 am

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

Your information appears incomplete and makes it difficult to answer. If he is in custody in Ventura there must be an additional charge in that jurisdiction. He can contact local public defender to determine basis for his incarceration. A writ of habeas corpus can be filed to seek his release if there are no legitimate charges pending and to challenge SD extradition.

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Answered on 3/12/11, 11:43 am


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