Felony Marijuana Charge

My question involves criminal law for the state of: California
What if you are arrested, sit for 72 hours, never arraigned, released and never informed of a court date? Then a warrant suddenly appears? Is this all legit, or should one be informed of a court date before an arrest warrant is issued?

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Quoting Dammer

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My question involves criminal law for the state of: California
What if you are arrested, sit for 72 hours, never arraigned, released and never informed of a court date? Then a warrant suddenly appears? Is this all legit, or should one be informed of a court date before an arrest warrant is issued?

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Sometimes, it takes a bit to gather the evidence a DA needs to issue a warrant.

I would have your attorney review the warrant.

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Quoting Dammer

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My question involves criminal law for the state of: California
What if you are arrested, sit for 72 hours, never arraigned, released and never informed of a court date? Then a warrant suddenly appears? Is this all legit, or should one be informed of a court date before an arrest warrant is issued?

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The DA does not have to send you a courtesy notice before they seek an arrest warrant.

- Carl

I was told that if released in 72 hours, then I should be ok, and if I wasn't arraigned, then how does the DA have a way to build up a case? Would they really want to put someone in jail for weed right now since they are being told to release people? And would they extradite from about 20 states away?

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Quoting Dammer

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I was told that if released in 72 hours, then I should be ok, and if I wasn't arraigned, then how does the DA have a way to build up a case? Would they really want to put someone in jail for weed right now since they are being told to release people? And would they extradite from about 20 states away?

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Yes, they arrest and imprison people for weed every day.

I don't know if they will extradite. I guess we will just have to see.

Plan on waiting in jail while they decide.

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Quoting Dammer

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I was told that if released in 72 hours, then I should be ok, and if I wasn't arraigned, then how does the DA have a way to build up a case? Would they really want to put someone in jail for weed right now since they are being told to release people? And would they extradite from about 20 states away?

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Possession of marijuana is not a jailable offense, so unless some officer fouled up and booked you improperly (or you were booked for some other offense) you are facing some potential cultivation or sales charges.

If they hold you until arraignment, that actually can work against them because it starts a clock ticking to make a case and then proseucte it. If they do not arraign you, then they have time to make the case - three years for a felony.

And, if you are charged with a serious enough felony, they will extradite from "20 states away". Even if they do not extradite, the presence fo a warrant for your arrest will make many good jobs inaccessible, many/most government loans will be inaccessible, welfare, SSI, and other government aid (student loans) will also often be inaccessible. And warrants never go away on their own.


- Carl

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Quoting Dammer

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My question involves criminal law for the state of: California
What if you are arrested, sit for 72 hours, never arraigned, released and never informed of a court date? Then a warrant suddenly appears? Is this all legit, or should one be informed of a court date before an arrest warrant is issued?

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Something is rotten in Denmark.

You claim a warrant appeared later, so I need to ask; were you arrested on a warrant or not?

If arrested with a warrant I have never seen a state permit more than 72 hours for an arraignment/probable cause hearing, IF still held in custody.

If you were arrested "without a warrant" the law states you must be afforded an arraingment/probable cause hearing within 48 hours, weekends notwithstanding. If there was an extension beyond this, good cause must be shown.


(b) In order to satisfy Gerstein's promptness requirement, a jurisdiction that chooses to combine probable cause determinations with other pretrial proceedings must do so as soon as is reasonably feasible, but in no event later than 48 hours after arrest.


http://www.law.cornell.edu/supct/html/89-1817.ZS.html


If memory serves me correctly, they also ruled in a seperate case that a technical violation of this is not necessarily remedial by a lawsuit and damages? I would have to look further.

Could you make bail or not. Was it a felony charge?

I'm thinking he was arrested (maybe over a weekend or a Holiday), and no charges were filed by the second court day so he was cut loose without a citation to appear or other notice. Then the DA gets their act together and goes for the warrant to bring him back.

- Carl

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Quoting cdwjava

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I'm thinking he was arrested (maybe over a weekend or a Holiday), and no charges were filed by the second court day so he was cut loose without a citation to appear or other notice. Then the DA gets their act together and goes for the warrant to bring him back.

- Carl

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In CA, do you have to appear before a Judge to set bail for a felony or is it bailable otherwise.

He aslo said he was not arrested on a warrant, if I understand him correctly?

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Quoting BOR

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In CA, do you have to appear before a Judge to set bail for a felony or is it bailable otherwise.

He aslo said he was not arrested on a warrant, if I understand him correctly?

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Bail is set pursuant to a schedule. In order to deviate from the schedule, you have to go before a judge and request an enhancement or that no bail be offered - this can be done prior to the arraignment.

And, yes, it appears that he has not yet been arrested on the warrant.

- Carl