Legal Question in Criminal Law in California

Re: Jailed without conviction

The basic answer is that you must be brought to court within 2 court days of your arrest. This applies in all cases unless you have been deemed a material witness by the federal government.

Good luck, reply if you need further assistance.

Re: Jailed without conviction

Have you been charged? They can retain a person in custody for 72 hours without filing charges or they will have to release the defendant. If charges have been filed, bail will have been set and you can only get out if you bail out or your attorney sets a bail motion hearing and tries to get you out OR or on lower bail. Charges do not have to be filed if there is a parole hold. Please contact my office at 310/277-1707.

Sincerely,

Lawrence Wolf, Esq.

Re: Jailed without conviction

Yes, before trial if bail is denied or not posted. Not after acquittal at trial, nor after dismissal of the charges, unless there is also a probation/parol violation pending. If you were held in violation of your rights, you may have a civil claim to pursue. If you are still in jail, you need counsel to force your release. Call if interested in either. 714-960-7584

Re: Jailed without conviction

In a word, yes. A person can be "detained" (incarcerated) pending trial, with or without bail, depending on the circumstances (nature of the charges, degree of flight risk of accused, potential danger to society the accused poses, if one assumes the facts in the police report to be true).

Even if acquitted of a charge, one may remain in custody if (s)he had been on parole or probation, pending a determination of whether a violation occurred-- a standard much, much lower than is necessary to achieve a conviction in a new case. I'm guessing your question concerns this type of "hold." Generally, on a parole violation, the parolee can be sent back to state prison for up to one year; on a probation violation, the probationer can receive additional jail time up to the maximum on his case (generally 365 days-- sometimes less), LESS the amount of jail time (s)he's already served on that case. Both probation and parole violations require a hearing, and the accused can prevail at these hearings. But it is an uphill battle, for sure. You are not entitled to a jury, and the judge or BPT must only be convinced by a preponderance of the evidence (not beyond a reasonable doubt)-- that means that it is slightly more LIKELY than not that some violation of ANY probation/parole term had occurred.

If you have further questions, feel free to contact me directly. Good luck.

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law

800-515-0233

[email protected]