Legal Question in Criminal Law in California

Investigations

My grandson who is incarcerated in a Calif. State Prision, has been under a new investigation by the LAPD since July 2006. How long can the LAPD detectives keep him under investigation before they have to close the investigation. It's been 3 months. They took DNA in July and moved him from Fire Camp. His counselor told him that as of yesterday there was still a ''Hold'' in his file. Is there anything else that can be done to bring this to the close.


Asked on 11/07/06, 12:44 pm

3 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Investigations

As to how long the detectives can keep an investigation open...there really is no limit. It appears he has a hold thus he can discover what it is for and he does have statutory speedy trial rights if there is a case filed...the hard question is whether or not a case is filed and what is his best tactic...that requires knowledge of the fact pattern which we do not have. Best to hire counsel to investigate the issues and protect him...

DJM

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Answered on 11/07/06, 12:52 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Investigations

Thank you for your posting. If the hold you described is preventing him from being released, then there is a motion you can file to have him released pending the filing of charges. I agree that filing a motion, probably for habeus corpus, is the best thing to get him released if the hold is preventing that.

I hope this helps - but if you have additional questions, or want more information on any part of this answer, please feel free to contact me directly at [email protected]. It's my pleasure to assist in any way that I can.

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Answered on 11/07/06, 2:21 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Investigations

Police can keep investigating until the statute of limitations has run, by which point the prosecutor must either file charges or let the case go. How much time this gives them depends upon the crime your grandson allegedly committed, but it could be several years. Some very serious crimes have no limitations period at all.

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Answered on 11/07/06, 3:46 pm


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