Legal Question in Criminal Law in California

Can a person be arrested, given a court date twice while in jail both the court dates cancelled, and then be released from jail? Then three days later be arrested for the same charges, then go through the same process again while in jail of given court dates, the court dates cancelled twice? I don't understand what the District Attorney's office is doing to my son. Is the D.A's office playing by the rules? Are my son�s rights being violated? Shouldn�t he be able to stay out of jail until the D.A. is ready to take him to trial?


Asked on 5/11/10, 8:54 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It depends on a lot of things. I'm assuming your son was never arraigned the first time, so he was released when he was not arraigned. You do not specify the charges, but you mention the District Attorney (DA) who normally has the responsibility for prosecuting felonies. Depending on the nature and seriousness of the charge, he may arrested and held, but be entitled to bail, or be released on his own recognizance. I suggest speaking to a criminal defense attorney, and providing some more detailed background.

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Answered on 5/16/10, 12:17 pm


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