Legal Question: - GoFuckYourself.com

Pathfinder · 06-15-2002, 05:19 AM

I asked this question yesterday but didn't get much of a response other than some crap from 12miss.

In California if a person is not arraigned in 72 working hours you must be released from jail.

Does anyone know the answer to the question below.

Does this mean that the charges you were being held on cannot be brought against you again and you cannot be re-arrested and put in jail again?

The reason I am asking is because I know a person that I want to see put in jail for a long period of time. He was in jail with five charges against him but someone screwed up and he wasn't arraigned within 72 working hours, so he was realeased from jail.

Chris R · 06-15-2002, 05:32 AM

The last thing you want to do is post a legal question o this board.

Many things vary from state to state and you can get different answers from everyone under the sun.

In this type of case - I believe the person could be arrested again. It wouldn't usually be considered double jeopardy. Double jeopardy is usually attached at the moment you plead - the arrainment in this case.

There may be other laws that prevent the reincarcertaion of the individual before a plea can be entered, but it depends on the law out there.

Your best bet is to call the district attorney/State's Attorney's office and ask for an ASA/ADA and ask them.

Pathfinder · 06-15-2002, 05:43 AM

Quote:

Originally posted by Chris R
The last thing you want to do is post a legal question o this board.

Many things vary from state to state and you can get different answers from everyone under the sun.

In this type of case - I believe the person could be arrested again. It wouldn't usually be considered double jeopardy. Double jeopardy is usually attached at the moment you plead - the arrainment in this case.

There may be other laws that prevent the reincarcertaion of the individual before a plea can be entered, but it depends on the law out there.

Your best bet is to call the district attorney/State's Attorney's office and ask for an ASA/ADA and ask them.

ChrisR:

Thanks for your input. I am aware of what double jeopardy is. If you have been found not guilty by a jury/or judge, you cannot be tried again for the same charges that you were found not guilty of.

You are right when you say my best bet is to talk to the DA, but that will be my last resort. Though I would like to see the person in jail (it is my daughters boyfriend), I don't want to be seen by my daughter as the one that is pushing the issue.

I personally think that once the DA's office rids itself of some of the overload they have, they will issue a warrant for his arrest and he will be properly arraigned next time around.

By posting on this board I just thought that maybe someone from California would have some intimate knowledge about this situation.

Anyhow thanks again for the response.

06-15-2002, 05:19 AM	#1
Pathfinder theking of trailer parks Industry Role: Join Date: Sep 2001 Location: Tehachapi, California Posts: 2,277	Legal Question: I asked this question yesterday but didn't get much of a response other than some crap from 12miss. In California if a person is not arraigned in 72 working hours you must be released from jail. Does anyone know the answer to the question below. Does this mean that the charges you were being held on cannot be brought against you again and you cannot be re-arrested and put in jail again? The reason I am asking is because I know a person that I want to see put in jail for a long period of time. He was in jail with five charges against him but someone screwed up and he wasn't arraigned within 72 working hours, so he was realeased from jail. Last edited by Pathfinder; 06-15-2002 at 05:20 AM..

06-15-2002, 05:32 AM	#2
Chris R Confirmed User Join Date: May 2001 Location: Baltimore, MD USA Posts: 1,151	The last thing you want to do is post a legal question o this board. Many things vary from state to state and you can get different answers from everyone under the sun. In this type of case - I believe the person could be arrested again. It wouldn't usually be considered double jeopardy. Double jeopardy is usually attached at the moment you plead - the arrainment in this case. There may be other laws that prevent the reincarcertaion of the individual before a plea can be entered, but it depends on the law out there. Your best bet is to call the district attorney/State's Attorney's office and ask for an ASA/ADA and ask them.