Legal Question in Criminal Law in California

Dv, arraignment, release

charges: Terrorist threat,assault, child endandger, pc 166 c 1,

person was held for 7 days county

released with no pending court date. Has the 72 hr max lapsed for charges to be filed by the DA, can they re-file re-arrest??--Is that double jeopardy??


Asked on 12/28/05, 3:45 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Dv, arraignment, release

Your question is vague and lacks clarity. First the DA has one or more years in which to file a criminal complaint, depending upon the statute of limitations for the particular crime. Second the 72 hours is the time that the police and DA have to take a person before a judge for arraignment. It appears in your case the person was held in jail for 7 days and then released, when not charges were filed. You should take the paperwork that you have and consult with an attorney regarding potential defenses and action options.

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Answered on 12/28/05, 5:01 pm


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