I have a friend who was arrested for a petty crime but it was a felony, even the cops were annoyed, but they did have to book him. It's been 4 months since his arrest, but he has not heard anything. Is it possible that one can be arrested for a felony, but not ever be charged or convicted. How does this work? I know the state of CA has 3 years to charge you. But they did confiscate evidence. Anyone with experience with such things , i would like to know your thoughts.
2007-12-17 10:07:18 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He was released the next day. his car was not impounded...they just towed it and he got it as soon as he was out..like i said it was a very petty crime(pot related in CA lol) ..he was also released without having to pay for bail...and then they never contacted him in over 4 months..the DA has not even heard of the case
2007-12-17 10:17:56 · update #1
It's exactly as Richard stated.
In California, you can be held for up to 48 hours (not counting weekends) pending the filing of charges. If no charges are filed within that time, you will be released. (A typical California detective is scrambling on Tuesday mornings, trying to get charges filed on all the persons arrested over the weekend.)
Of course, that doesn't mean everything is over. The police can continue to investigate, and charges can be formally filed later. If charges are filed later, you will be rearrested, and held until trial, or until you post bail.
If nothing has happened in four months, and the crime truly is "petty," then my guess is that the police and/or DA have dropped the matter.
2007-12-17 14:37:05 · answer #1 · answered by Mr Placid 7 · 0⤊ 0⤋
Yes.
It happens all the time. The police can legally make an arrest based on "probable cause" - a pretty low standard. To obtain a conviction, though, the DA must be able to prove his case "beyond reasonable doubt" - a much higher standard. It is legally unethical for a DA to prosecute a case where he does not have reasonable confidence that he can obtain a conviction.
You can ask the police for your seized evidence back. If the case has been dropped, they'll probably just give it to you. If they're waiting on a decision from the DA they'll tell you that, and you won't get your stuff back until the DA makes a formal decision to not prosecute the case.
Richard
2007-12-17 10:10:19 · answer #2 · answered by rickinnocal 7 · 2⤊ 0⤋
If they arrested and booked him, he has been charged. Before a suspect is booked a magistrate is normally presented with the charge and the evidence and the suspect is formally charged at that point. If your friend hasn't received a court date yet, I recommend that he OR HIS ATTORNEY, contact the court to find out when his case will come up on the docket.
2007-12-17 10:13:14 · answer #3 · answered by Jim 5 · 1⤊ 2⤋
Sure. They could find that the facts in the case do not support the charge.
2007-12-17 10:10:49 · answer #4 · answered by davidmi711 7 · 0⤊ 0⤋