Can I challenge the arraingment because it was not in a 48 hour period?
Full Question:
The district attoney filed charges on 11/13/07. I was arraigned on 11/16/07. Can I challenge the arraingment because it was not in a 48 hour period?
11/29/2007 |
Category: Criminal ยป Speedy Trial |
State: California |
#13068
Answer:
The following is a California statute:
§ 825 Penal
(a)(1) Except as provided in paragraph (2), the defendant shall in all
cases be taken before the magistrate without unnecessary delay, and, in
any event, within 48 hours after his or her arrest, excluding Sundays and
holidays.
(2) When the 48 hours prescribed by paragraph (1) expire at a time when
the court in which the magistrate is sitting is not in session, that time
shall be extended to include the duration of the next court session on
the judicial day immediately following. If the 48-hour period expires at
a time when the court in which the magistrate is sitting is in session,
the arraignment may take place at any time during that session. However,
when the defendant's arrest occurs on a Wednesday after the conclusion of
the day's court session, and if the Wednesday is not a court holiday, the
defendant shall be taken before the magistrate not later than the
following Friday, if the Friday is not a court holiday.
(b) After the arrest, any attorney at law entitled to practice in the
courts of record of California, may, at the request of the prisoner or
any relative of the prisoner, visit the prisoner. Any officer having
charge of the prisoner who willfully refuses or neglects to allow that
attorney to visit a prisoner is guilty of a misdemeanor. Any officer
having a prisoner in charge, who refuses to allow the attorney to visit
the prisoner when proper application is made, shall forfeit and pay to
the party aggrieved the sum of five hundred dollars ($500), to be
recovered by action in any court of competent jurisdiction.
