Legal Question in Criminal Law in California

My boyfriend was arrested on the 16th of this month and still has not been seen by a judge, from my understanding he is supposed to be seen within 48-72 hours? And if not he is to be released from the facility.. he was transferred today to a different jail. His next scheduled court date is October 30th 2013, shouldn't he be seen sooner than this??


Asked on 10/23/13, 2:02 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Not necessarily.

If he committed an offense that requires him to remain in "custody" (that is, in jail), he must be arraigned within 48 hours of your arrest, not including weekends and holidays. That does not apply if he has been released on bail, or his own recognizance, as there is no longer a rush to arraign him.

It also does not apply if he was arrested pursuant to a warrant after having missed a scheduled court appearance during his case.

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Answered on 10/24/13, 12:51 pm
Terry A. Nelson Nelson & Lawless

If he doesn't have an attorney, hire him one and then ask your questions when the attorney learns what is going on. If he has an attorney, that is who you should be asking. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 10/24/13, 5:20 pm


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