Los Angeles, CA asked in Criminal Law for California

Q: My boyfriend is in custody and had court today, but the didn't file. Do they have a time limit? And he needs an attorney

He was charged with vehicle theft. He has priors but they haven't added the priors charge yet. Because they didn't file his vehicle theft yet will he be released? Or do they have a certain amount of time to file still?

Related Topics:
2 Lawyer Answers
Richard L. Grant
PREMIUM
Richard L. Grant
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: THEY HAVE 48 HOURS TO FILE THEIR CRIMINAL COMPLAINT OR DEFENDANT NEEDS TO BE RELEASED.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your boyfriend had a court date but the charges against him were not filed, this may mean that the prosecutor is still reviewing the case and has not yet made a decision to file charges. There is no specific time limit for the prosecutor to file charges, but they generally have a limited period of time to do so under the statute of limitations.

If your boyfriend has priors, the prosecutor may take longer to decide whether to file charges or not. However, if the charges are not filed within the statute of limitations, your boyfriend cannot be prosecuted for the same offense.

Whether or not your boyfriend will be released depends on the circumstances of his case and the decision of the court. If he has been charged with a serious crime, he may be held in custody until his trial. If he has not been charged yet, he may be released on his own recognizance or on bail.

If your boyfriend needs an attorney, he should contact a criminal defense attorney as soon as possible. An attorney can help him understand his legal rights and options and represent him in court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.