how can they now 7 months later file a complaint agaisnt me charging multiple counts when i was never arraigned or charged while initially in custody
2007-09-19 17:33:28 · 6 answers · asked by porterhvac 1 in Politics & Government ➔ Law & Ethics
Easy, The People have up to the Statute of Limitations to file a case. By not filing within 48 hours, not 72, you have to be released. Often, when I am asked to file a case, there is not enough info and the case is sent back to the agency that made the arrest. After and if the info arrives, the case can if it meets the filing standard, is filed and a warrant declaration is sent to a Judge. Once the judge finds probable cause that a crime was committed, the judge issues a warrant. Often a letter is sent to the Defendant to see if he want to come in on his own.
The statute of limitations on a misdemeanor is 1 year and on a felony is normally 3 years.
That is the state of the law in California. It may not seem fair, but filing the charges just to hold you in custody is much more unfair. Go in on your own accord and you will quite possibly get an release on your own release.
2007-09-19 18:18:22 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
As noted in the other answers, the two things are separate. One is the amount of time that you can be held without a warrant or criminal charge being filed. A release at the end of that time is not an acquittal but merely a decision by the District Attorney or the Law Enforcement Agency that they do not have enough evidence to proceed at that time.
The other is the amount of time after an offense that a charge can be filed. Since you were never charged or acquitted when you were initially arrested, the investigation is not closed. Until the statute of limitations expires, the District Attorney is free to file charges at any time. There is no requirement that you be in custody prior to charges being filed.
As noted in the other answers, you need to talk to an attorney about your defense.
2007-09-20 01:23:27 · answer #2 · answered by Tmess2 7 · 0⤊ 0⤋
The 72 hour period is not the same as the statute of limitations.
They can charge you later, but they can not hold you until they do if it takes longer than 72 hours.
Many felonies have 3, 5, or 10 years before charges have to be filed.
You will be re-arrested and charged after warrants are issued.
2007-09-20 00:43:19 · answer #3 · answered by Citicop 7 · 0⤊ 0⤋
Yes, you need to consult an attorney. They didn't charge you initally so they let you go. They have apparently assembled their evidence, maybe found wittnesses, so they can charge you now. You didn't go to any type of trial, you were not disposed of legally. So they are within their rights to charge you at a later date. Call an Attorney....ASAP. Good Luck.
2007-09-20 00:46:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need to consult an attorney NOW!
Asking this question here is not going to assist you other than telling you that they can legally re-arrest you.
You need someone THERE who can investigate the matter and determine a proper course of action.
2007-09-20 00:54:56 · answer #5 · answered by Wyoming Rider 6 · 0⤊ 0⤋
talk to your attorney.
2007-09-20 00:37:22 · answer #6 · answered by KitKat 7 · 0⤊ 0⤋