Riverside, CA asked in Criminal Law and Federal Crimes for California

Q: can someone be arrested and kept in custody when there has been no evidence presented on the charges he was booked.

husband was arrested 3 years ago and remains incarcerated he has not been presented with the evidence incriminating him he has been told evidence was not booked.

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1 Lawyer Answer
Dan Moseley
Dan Moseley
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: When an in-custody felony defendant is not brought to trial within 60 days of his arraignment, the charges must be dismissed, unless there is a very good reason for a delay, or the defendant consents to a delay. Cal. Penal Code section 1382.

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