Legal Question in Criminal Law in California

Isnt it too long for a person to be in jail for 2 month without being processed?

I have a relative in jail for suspicion of homicide, she,s been there for two months and she has not being charged, the preliminary hearing has been moved from date to date a couple times doesn't this violates her civil rights? And shouldn't she be out if she has not being charged?


Asked on 8/05/08, 1:48 pm

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Isnt it too long for a person to be in jail for 2 month without being processed?

If there has been talk about postponing/scheduling of preliminary hearing in court, that means that she has been arraigned and charged. There can be various reasons for why the preliminary hearing has been put off. Defense counsel might need additional time to prepare, for example.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/06/08, 4:11 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Isnt it too long for a person to be in jail for 2 month without being processed?

Two months does seem like a long time to hold someone without charges, unless the person is an illegal immigrant. If the immigration service finds out that someone in the country illegally has been arrested, it can place a hold on her release pending deportation proceedings. Could that be what's going on in your relative's case? If not, how sure are you that she hasn't been charged?

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Answered on 8/05/08, 4:05 pm
Daniel J. Mangan III JuryTrialJustice

Re: Isnt it too long for a person to be in jail for 2 month without being processed?

"...the preliminary hearing has been moved from date to date a couple times..." means that the prelim has been/is set and she has been charged...perhaps counsel just wishes to actually prepare for this very serious case?

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Answered on 8/05/08, 9:27 pm


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