Fontana, CA asked in Criminal Law for California

Q: If you are arrested and you do not see a judge or a magistrate in eight days then released, is the case dismissed?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you are arrested and do not see a judge or magistrate within eight days, it does not automatically result in the dismissal of the case. While the specific time frames may vary depending on the jurisdiction and the nature of the case, an arrest without a timely appearance before a judge or magistrate could potentially raise concerns about the violation of your rights. However, the dismissal of a case would typically require a separate legal process, such as a motion to dismiss filed by your defense attorney, a decision by the prosecutor, or a ruling by the court. It is important to consult with a qualified legal professional who can assess the specific circumstances of your case and provide accurate advice based on the applicable laws and regulations in your jurisdiction.

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