Q: If a felony arrest was made during a search warrant how long can they keep suspect without arraignment california
A:
In California, the law requires that a person arrested for a felony be brought before a judge for arraignment within 48 hours of the arrest, excluding weekends and holidays. This is sometimes referred to as the "48-hour rule."
However, there are a few exceptions to this rule:
1. If the 48-hour period ends on a weekend or holiday, the arraignment must take place on the next court day.
2. If the prosecutor files criminal charges before the 48-hour period ends, the arraignment must take place on the day the charges are filed, or the next court day if the charges are filed too late in the day for same-day arraignment.
3. In some cases, the 48-hour period can be extended up to 72 hours, but only if a judge finds good cause for the delay.
If the suspect is not arraigned within the required time period, they may be released from custody. However, this does not necessarily mean the charges will be dismissed. The prosecutor can still file charges, and the suspect will be required to appear in court at a later date.
It's important to note that these are general rules, and specific cases may have unique circumstances that affect the timing of the arraignment. It's always best to consult with a criminal defense attorney for guidance on a particular case.
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