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