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  1. #1
    Join Date
    Oct 2012
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    256

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

    My question involves criminal law for the state of: CA

    My friend was arrested on Saturday January 11th at 8am for a felony, but at the time of arrest he also had a misdemeanor traffic warrant so he was also booked for that.

    When he went to court on Tuesday the 14th for the felony the judge ordered that he be released on his own Recognizance and to come back in two months.

    But instead of being released he was remanded into custody and sent to Twin Towers jail for the traffic ticket warrant which was included in his initial arrest and bail amount.

    I was told by the public defender that they could only hold him for 48 court hours (Monday &Tuesday) by law before they would need to release him from custody and no longer had legal veracity to hold him is this true?

    Because he was held in Twin Towers on Tuesday, then Wednesday where they strip searched and demeaned him numerous times, and on Wednesday he was moved to the court loading area but then the deputies told him that the traffic court he had to go to was too far and he was the only one going so they weren't taking him that day.

    Then on Wednesday night 11pm he was put in a transport room to be shipped off to Wayside Jail which is part of the LA county jail, but you would need to be sent back to Twin Towers first to be released or even just to be transported to court, so he asked to speak to the Sergeant and/or Watch commander because he was told that the law said that either he was to be released or he definitely would have court in the morning. When he asked this he was left alone in the cell for 1-2 hours, then a deputy came and said so you're the troublemaker? You're going to the hole for 30 days.

    Upon hearing this he began to tear up and ask earnestly to speak to the Sergeant or Watch Commander, but was refused, and when he refused to go without speaking to a supervisor he was struck on the back of the head with a flashlight and carried by deputies to the "hole".

    The next day Thursday the 16th he was poured water on while in his cell in the "hole" and told he was being brought to court for his traffic warrant, he was brought to court and asked by the court deputy why he didn't show up the previous day he tried to tell the deputy, but the deputy only gave a sour look.

    My question is: How long can you be held by law in CA on a warrant such as this (non-DUI), and was all of this legal or not.

    Thank You for taking the time to read this

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    What I expect the public defender told you was that bail would be set within 48 hours and that, if he posted it, he could be released. Odds are he has either failed to post, or has chosen not to post, bail.

    I have no comment on what he did to get himself disciplined in jail, as I have no facts to work with. He should talk to his criminal defense lawyer.

  3. #3
    Join Date
    Oct 2012
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    256

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

    Bail was set the minute my friend was booked, for both the new charge and the warrant, but he was arrested for the warrant on Saturday the 11th and not brought before a magistrate regarding it, or arraigned for it until Thursday.

    My question was: My question is: How long can you be held by law in CA on a warrant such as this (non-DUI), and was all of this legal or not.

    You can neglect the legality of his treatment while in custody, because you are just going off of one side of the story there, but I'm mainly seeking the answer to the first portion of the question with a citation as to what CA law or Supreme Court decision governs that.

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,594

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

    When arrested on a warrant, you can be held until you (a) post bail (if bail is indicated), (b) a hearing (if one is required), or, (c) until time has been served (if sentenced). There is no one-size-fits-all sort of answer to the question.

    It all depends on what the warrant was for. What was the charge on the warrant? Did it indicate bail, or not? Was it in the same county, or was it issued in another county?

  5. #5
    Join Date
    Oct 2012
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    256

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

    Charge was Driving on a Suspended License Misdemeanor, bail was $26,000.

    So are they just allowed to hold you indefinitely then without bringing you to court? Or is there a time limit?

    I was told the time limit they could hold you in custody for a misdemeanor traffic warrant was 48 hours and they would have to cite and release you with a court date if they were unable to bring you before the court in that time period.

    He missed a traffic court date initially and a bench warrant was issued that's what the warrant was for

  6. #6
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    Default Re: How Long Can Someone Be Held in Jail on a Warrant

    You misunderstand the law:
    Quote Quoting California Penal Code, Sec. 825.
    (a)

    (1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.

    (2) When the 48 hours prescribed by paragraph (1) expire at a time when the court in which the magistrate is sitting is not in session, that time shall be extended to include the duration of the next court session on the judicial day immediately following. If the 48-hour period expires at a time when the court in which the magistrate is sitting is in session, the arraignment may take place at any time during that session. However, when the defendant's arrest occurs on a Wednesday after the conclusion of the day's court session, and if the Wednesday is not a court holiday, the defendant shall be taken before the magistrate not later than the following Friday, if the Friday is not a court holiday.

    (b) After the arrest, any attorney at law entitled to practice in the courts of record of California, may, at the request of the prisoner or any relative of the prisoner, visit the prisoner. Any officer having charge of the prisoner who willfully refuses or neglects to allow that attorney to visit a prisoner is guilty of a misdemeanor. Any officer having a prisoner in charge, who refuses to allow the attorney to visit the prisoner when proper application is made, shall forfeit and pay to the party aggrieved the sum of five hundred dollars ($500), to be recovered by action in any court of competent jurisdiction.
    As Carl explained, "you can be held until you (a) post bail (if bail is indicated), (b) a hearing (if one is required), or, (c) until time has been served (if sentenced)."

  7. #7
    Join Date
    Oct 2012
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    256

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

    Yeah but court was in session all of the Days and the magistrate was in session, above it looks like the max is 48 hours with the exception of one additional day if the court had a problem or something. Right?

    He was not produced in court until Thursday from being arrested Saturday in a week in which all court days were fully operational.

    And it states above that Saturday does count as well which I was unaware of I thought only Monday thru Friday excluding holidays and court furlough days counted.

  8. #8
    Join Date
    Oct 2013
    Location
    WV
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    230

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

    Quote Quoting matt4200
    View Post
    he was remanded into custody and sent to Twin Towers jail for the traffic ticket warrant which was included in his initial arrest and bail amount.
    I would hazard a guess that he had his initial appearance "arraignment" when he saw the first judge. Which as CDW has stated leaves him with posting his bail or sitting in jail until he has a trial or hearing.

  9. #9
    Join Date
    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

    The posting hx here is a doozy.

  10. #10
    Join Date
    Oct 2012
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    256

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

    @Mephis- He was arrested and booked for the felony charge and a warrant, two separate things.

    At his arraignment for the felony on Tuesday he was told by the judge to be released.

    However, because he was also booked for the warrant he was instead kept in custody by the sheriffs dept.

    He was not arraigned for the warrant until Thursday.

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