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  1. #21
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    Jan 2006
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    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    Quote Quoting matt4200
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    Was he legally held even though it exceeded the 48 hours as prescribed by law, etc...
    maybe, maybe not but regardless of what it is, where does it get you? Nowhere. You are not going to walk into court and tell somebody (because you are not going to get to speak to a judge) that your friend was held over more than the allowed 48 hours and as such, should have been released. Nobody is going to listen to you and nobody is going to care. Part of the problem is it isn't even certain if he was held an excessive amount. Then, if you are held over 48 hours, what happens then? It may be that the person must file a motion to be released and if not done, since he was arraigned, it may result in a harmless error.

    bottom line; there is nothing YOU can do about this and unlikely there is anything your friend can do about this.

    Here's what the warrant was for: He was pulled over in Pasadena because his passenger was not wearing a seatbelt, upon a DMV records check it showed he had a suspended license for FTP. He was cited and released by the officer.
    FTP for what? Apparently there was something else in his history that is in play here as well.

  2. #22
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    Jun 2006
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    Massachusetts
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    24,521

    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    Guys, guys.

    Remember this guy? He has a history of either being too dense to understand, or refusing to understand, anything that doesn't fit his pre-conceived idea of how the law works. We have several multi-page threads where we all frustrated ourselves beating our heads against stone walls.

    Give yourselves a break. It's Friday night. Let him drown in his own obtuseness.

  3. #23
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    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    Quote Quoting cbg
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    Guys, guys.

    Remember this guy? He has a history of either being too dense to understand, or refusing to understand, anything that doesn't fit his pre-conceived idea of how the law works. We have several multi-page threads where we all frustrated ourselves beating our heads against stone walls.

    Give yourselves a break. It's Friday night. Let him drown in his own obtuseness.
    I just don't get the OP's angle.

  4. #24
    Join Date
    Oct 2012
    Posts
    256

    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    @cdwjava - Regardless of the bail amount that was set initially, and regardless of if he bails himself out, doesn't the law prescribe that he has to be brought before a judge within 48 hours?

    To everyone on here, yeah I may come off as dense and yeah I might try too hard, but I'm passionate about the law and it's place in society.

    Is there any prescribed legal remedy that the Supreme Court has given for a person being held too long in the case of being arrested for a warrant?

    And he stated to the Deputies at the courthouse that he was OR'd from that he can legally only be held 48 hours for a warrant and Tuesday was the maximum timeframe that the law allowed him to be held in custody. Me, his brother, and his Father all stated this to the Deputy at the desk at the first courthouse. So it would be impossible for them not to know that his time in custody exceeded the 48 hours allowed by law. As well as 37 calls to the Twin Towers Facility by multiple people seeing why he was not yet released.

    Hypothetically IF a person was held more than the legally allowed 48 hours for a Misdemeanor traffic warrant is there a legal remedy for this?

    That's all, I'm not asking anyone on here to validate me or my story I would just like to know if there is a legal remedy and if so what is it?

    Thanks, and enjoy your Friday night

    - - - Updated - - -

    JK - FTP for two traffic citations in Ventura one for Speeding along without current tags and the other for No proof of current insurance as well as a fix it ticket for his tail light.

    He didn't pay those off and consequently his license was suspended.

    You could request compensation via the court for the time that he was held, possibly I don't know it's just a thought.

    He makes $13 an hour at his job he was held for 53 hours additional time so the court awards him X amount of dollars corresponding to what he would have made working in that time, or whatever the typical LEGAL remedy is for this type of situation, you know?

  5. #25
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    Jun 2006
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    Massachusetts
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    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    If past history holds, you won't believe anything we tell you, so why should we bother?

  6. #26
    Join Date
    Jul 2010
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    8,006

    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    Just curious what law states you can only be held for 48 hours on a warrant? I cannot find any such law. If no such law exists, then OP is wasting his time. And ours but then he is good at that.

    I think he's misunderstanding what that PD told him or he did not fully explain what was going on. Again, something OP is good at. Which begs another question, what PD was he speaking to and why? 48 hours to appear is pretty much standard and his friend was seen by a judge within 48 hours. That would stop the clock on that.

  7. #27
    Join Date
    Oct 2012
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    256

    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    Because I'm not asking for validation, I'm simply asking for what the typical legal remedy would be if someone were held in custody in excess of 48-72 hours on a misdemeanor traffic warrant without seeing a judge or being released via a cite and release.

    That's all

    Validation would be nice, but I also understand that you cannot give an honest real answer with only one side of the story and hard facts in front of you so that is understandable.

  8. #28
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    Jul 2010
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    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    You are back to your regular self.

    If the law you believe exists does exist, please show it to us. If there is no such law specific to warrants, and I haven't been able to find one, then there is no violation to concern yourself with.

    48 hours is the generally accepted standard for seeing a judge after any arrest. Your friend was seen within 48 hours so there is no violation.

    And you're right, your normal 3rd and 4th hand stories of woe that defy logic and reason are hard to answer.

    Your friend has not won the lottery. Given the fact it was only a couple of days, the most he could hope for is a "Oops, sorry about that."

  9. #29
    Join Date
    Oct 2012
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    256

    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    @free9man - He saw a judge for a new charge within the lawful 48 hours.

    He did not see a judge within the lawful 48 hours for the warrant he was arrested the previous Saturday on.

    The law regarding warrants would be Penal Code Section 825.

    I didn't say he had won the lottery and it's not an "Oops" thing when you tell multiple LEO's and are disciplined by being thrown into solitary confinement for asking to speak to a superior person about how and why you are still in custody after the lawfully prescribed time.

    The least he would expect would to be compensated for his time I.e. : $13 an hour (what he would have made at his job) he was kept for an additional 49-53 hours before being brought before a judge for the warrant $13 an hour for 49 hours comes out to $637 that would be what I would at the very least expect, not a million dollars just what is fair and right.

    And again I'm not asking for you to agree with me, I'm simply asking for what is the typical legal remedy for such a situation.

  10. #30
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    And we are asking you to post a link to the law you say was violated.

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