Legal Question in Criminal Law in California

retrial deadline after winning an appeal

after a person has one his appeal and is to go back to court with a retrial or getting charges dropped whatever the state wants to do how long can they hold a person in prison before taking him back for this? Is there a time frame that the state has to move in? He has to be taken back to the county where the charge was made correct? Hold can they hold a person in the prison system when this has happened?


Asked on 2/06/01, 2:12 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: retrial deadline after winning an appeal

The time limit for the Appelate Court's decision to become final is 30 days. There are some additional time limits after this if the California Supreme Court gets involved.

The District Attorney's decision to retry the case may take a awhile and normally the defendant is released if there is no decision for a retrial made immediately.

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Answered on 3/20/01, 6:28 am


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