Legal Question in Criminal Law in California

If a person gets arrested on a felony charge and goes to jail for 2 business days plus the weekend and bail is set at 500,000.00, is it possible for the person to be released without bail due to insufficient evidence? is it possible to access records of arrest, arraignment and future court hearings?


Asked on 10/05/09, 9:58 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

The answer is yes, a person could be arrested and held for two court days and released due to a lack of evidence. When a person is released from custody due to a lack of evidence no further court appearances are required. However, if the person is rearrested and charged with a crime then the person will have future court appearances. Police departments will not release police reports unless charges are filed against the person. Then the police report will become a public record, unless it is a juvenile court case in which case the file is confidential.

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Answered on 10/05/09, 10:26 pm
Terry A. Nelson Nelson & Lawless

Yes, but the length of time in jail or amount of bail has nothing to do with it. IF the police and DA decide not to prosecute, then you would be released without charges. If already released on bail, then the next time for any action is at a court hearing, your Arraignment or thereafter. If this isn't a hypothetical, and you are facing felony charges, then hire an attorney asap, and do not talk to anyone but him about the case. If serious about doing so, feel free to contact me.

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Answered on 10/06/09, 3:59 pm


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