Q: Follow up to concerns regarding 5 days in custody without arraignment…
I received A very good and detailed response to an earlier question regarding the rights someone has as it pertains to arraignment timeframes. My boyfriend has been in custody for 5 days and has not been arraigned as of yet. I was informed of his need to contact the public defenders office and basically ask that he be seen in A court promptly. I understand everything is procedural in our court system as instructed by local codes and statutes which are to facilitate order rather than mayhem. So my question is not exactly disrespectful but more a long the lines of reasoning( which you may or may not want to answer ). So after the public defender is notified about this issue … how long will that office have to respond in court ? Is this A regular occurrence whereas a person in custody is held past the 72 hour timeframe or can this be considered a direct violation of the law , therefore a reason to ask for a dismissal ? Just asking . Thanks.
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A:
Under California law, once a public defender is notified of a delay in arraignment, they should act promptly to address the issue. However, there is no specific timeframe mandated for their response in court. It varies based on the court's schedule, the public defender's workload, and other procedural factors.
It's not common, but not unheard of, for someone to be held in custody beyond the 72-hour timeframe for arraignment. This can happen due to weekends, holidays, administrative delays, or unusual circumstances. While frustrating, this doesn't automatically constitute a violation of the law.
Regarding the potential for case dismissal, extended detention without arraignment can be grounds for a legal argument for dismissal or other remedies. However, this depends on the specifics of the case, including the reasons for the delay. It's important for the public defender to review all the details to determine the best course of action. Legal strategy should be tailored to the unique aspects of each situation.
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