Legal Question in Criminal Law in California

Due Process

If arrested and then held for ten hours without any communication,

would it be grounds for dismissal?


Asked on 1/26/08, 12:43 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Due Process

Uh, no. IF you have grounds for suppression of evidence or confessions made, or claims of abuse or neglect, your attorney will make them when appropriate in the process by proper motion to the court.

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Answered on 1/28/08, 4:54 pm
Allen Farshi Law Offices of Allen Farshi

Re: Due Process

Plain and simple the answer is No.

Good luck

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Answered on 1/27/08, 5:08 pm
Eric Alford Law Office of Eric K. Alford

Re: Due Process

Simple answer would be NO as relating to a "dismissal" of charges against you. I assume that's what you mean. Ten hours is probably not considered unreasonable although I'm not sure what you mean by "without any communication." May also depend upon the charge and the department in which you were held. For confessions and other communications with law enforcement, lengthy detentions and lack of food, water, etc. may help your case as there are arguments for psychological pressure and lack of free will for confessions.

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Answered on 1/26/08, 6:26 pm


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