Legal Question in Criminal Law in California

Is it legal to hold a person in jail for no reason.

Is it legal to hold a person in jail. If that person is on probation and the probation officer only assumes that persons urine test is not clean.


Asked on 12/06/06, 3:05 am

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Is it legal to hold a person in jail for no reason.

Thank you for your question. Is it legal to hold someone in jail? Yes. Is it legal to hold them indefinitely without probable cause or a case filed? Probably not. A urine test either comes back positive or negative for the substance or substances tested for, so "assumes" is not the issue here. If the probation officer has reason to believe based upon observation or other evidence that the person is using, that may be a violation of formal probation.

I hope this helps, but feel free to email me at [email protected] if you need anything further.

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Answered on 12/06/06, 1:42 pm


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