Legal Question in Criminal Law in California
I have a friend who was involved in a car wreck and hospitalized for injuries. The police were involved infact, they have been "detaining" him since it happened here is a link to one of the acticles: http://abclocal.go.com/kabc/story?section=news/local/orange_county&id=7404113 or http://www.youtube.com/user/GardenGroveTV3
here is a link to the press release:
http://www.ocregister.com/news/press-245759-grove-release.html
My question is since it happened he has not been formally arrested yet the police will not give any info as to his whereabouts. (I have found out any way but that is irrelavent.) I asked the why if he's been arrestted hasn't he recieved a booking #, they replied, "he's being detained." Does the same 72 hour hold - release me or charge me law apply here? It really shouldn't matter wether he is hospitalized or not right?
2 Answers from Attorneys
You could try the Orange County Sheriff's web site. Certainly they would not deny access to a lawyer that was retained for him, and probably more information would be forthcoming if you were a family member. It takes the better part of 24 hours just to get booked into the jail.
They may in fact only be detaining him. If they opt not to arrest him, then they can either seek a warrant for his arrest later or after the DA's office files charges.
Often, they won't formally arrest somebody who is hospitalized for a couple of reasons: The time limits you discuss and more importantly - if he's in custody, then the city/county may be responsible for his medical bills.
If the detention continues for too long a period of time, then it could turn into a "de facto" arrest, which brings up all sorts of Miranda issues, search and seizure issues, etc.
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