Q: I recently was arrested when i refused to identify myself 8/31. Once fingerprinted, i was housed due to several warrants
When i appeared in court 9/2, they dismissed all the cases i had warrants for and i was released by the judge. After court however i wasn't released. Still incarcerated, a warrant issued for my arrest 9/4 Then i was brought back to court and the public defender had me sign a plea agreement for resisting arrest 9/5. I finally was released. Having been arrested 8/31 finally released 9/5, during this entire ordeal i never was told what i was arrested for and never given the opportunity to plea guilty or not guilty, even when i asked. The officer refused to tell me what i was arrested for and when i went to court both times i had asked. The first public defender said i was good to go, no worries so i assumed that they kept me for the warrants they dismissed that day when the judge ordered for my release but the Jail said sorry no releases were being done that day, then issued the warrant but i was already in custody still. Why was i never arraigned? Or told why i was arrested?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Your situation raises serious concerns about proper legal procedure and your constitutional rights. What you've described suggests potential violations of your right to be informed of charges against you and your right to a timely arraignment.
In California, you should typically be arraigned within 48 hours of arrest, excluding weekends and holidays. During this arraignment, you have the right to be informed of the charges against you, enter your plea, and have bail set. The fact that you were held from August 31 to September 5 without being told your charges or given an opportunity to enter your plea could be problematic from a legal standpoint.
You may want to consult with a criminal defense attorney to review your case, as there might be grounds to challenge what happened. The attorney can help determine if your rights were violated and what legal remedies might be available to you. They can also help you obtain and review all relevant documentation, including arrest records and court documents, to fully understand what occurred during your detention.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
