Legal Question in Criminal Law in California

Time Line of due process to trial, (including, filing of complaint, information,

What is the time line for all the court dates and the filings of all appropriate papers in a felony case. Are a persons US and state Constitutional rights violated if a person is arrested on a thursday, and not taken before a judge until the next tuesday thought there are no holiday in betweenthem? Does it violate a persons rights if the ''infromation'' is filed 37 days after the ''complaint'' filed? and a person sits in jail 90 days before thier case is taken to trial? Does a person a good civil case against the state and county if these rights were violated?


Asked on 3/25/02, 8:26 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Time Line of due process to trial, (including, filing of complaint, informat

Go to your law library and look up these time limits in the CEB book on California Criminal Law. Weekends are not court days. So they are not counted. If you decide to sue. Be sure that within 180 days you file a governmental claim form with the county or city that arrested you. Merely arresting you, and holding you without just cause, is sufficient to trigger a claim for damages.

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Answered on 3/27/02, 7:48 am


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