My question involves criminal law for the state of:
I just received a subpoena ~15 minutes ago for felony charges I was arrested on almost a year ago to the day. Apparently, I have a court date ~20 hours from the time the process was served (an issue in itself), but the main question I have is one regarding what kind of time-frame the DA has to arraign me on these charges.
The arrest was on May 13, 2012, and I was booked in on these charges and bonded out shortly after. This subpoena is the first I am hearing of this case proceeding - I was under the assumption that charges weren't accepted by the DA, as there was a huge issue with an illegal search (including an IA investigation, etc.) as well as the fact that I had a prescription for the medication I was arrested for possessing.
LA CCRP Article 701 states, in part:
"(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony."
Could someone versed in law please give me input as to whether they believe Article 701 would come into play here?
Additionally, would there be an easy method of getting this arraignment postponed on the basis that I was served less than 24 hours before the court date? I've called the Clerk, but they were utterly unhelpful.