Legal Question in Criminal Law in California

I defended myself against a rape attempt by my boyfriend at the time. He tried to strangle me and almost succeeded, but I got away and a passerby called the police. He was left with many scratches from when I was trying to get away, but I didn't have any signs of being strangled. The police end up releasing him, and I get sent to county jail without any charges filed. A friend bails me out 4 days later, and nearly a year later, I haven't heard anything relating to the case again.

Are the police allowed to send a person to jail without any charges in this situation? They only told me that they were required to arrest me. I feel like my boyfriend got away with attempted murder and attempted rape, while I got sent to prison for self-defense.


Asked on 6/22/12, 4:10 pm

1 Answer from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

That sounds awful! I am sorry that happened to you. A person can be held for limited time (it can be 4 days sometimes if it ends up over a weekend) pending charges being filed. In this case no charges were filed, or haven't been yet .... and likely won't be. That decision is up to the District Attorney, not the police. You might want to talk to some civil litigation attorneys to see if you have any case against the police.

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Answered on 6/22/12, 4:36 pm


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