Santa Ana, CA asked in Criminal Law and Domestic Violence for California

Q: if an in custody inmate had an arraignment for dv charges and was told the da has not yet filed charges

must he be released within 48 hours of the arrest if files are not charged before then? also as a victim who was given no say and wants the charges completely dropped is it a good idea to contact the da while it’s pending to communicate my stance and or demand answers for the pending status?

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

A: In California, if an individual is arrested and detained, the district attorney generally has 48 hours to file charges. If charges are not filed within this period, the individual must usually be released. However, this timeline can vary depending on weekends and holidays. It's important to remember that each case is unique and the specific circumstances can affect the timeline.

As a victim, your perspective is valuable in the legal process. You have the right to express your views to the district attorney's office. Communicating your desire to have the charges dropped can influence their decision, but the final decision to prosecute lies with the district attorney. They consider various factors, including the evidence and public safety.

If you wish to express your stance or inquire about the status of the case, it's advisable to contact the district attorney's office. They can provide information about the case and explain the legal options available to you. Remember, legal proceedings can be complex, and consulting with a legal professional for guidance tailored to your specific situation is always beneficial.

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