Full question:
The district attoney filed charges on 11/13/07. I was arraigned on 11/16/07. Can I challenge the arraingment because it was not in a 48 hour period?
- Category: Criminal
- Subcategory: Speedy Trial
- Date:
- State: California
Answer:
In California, according to Penal Code § 825, a defendant must be taken before a magistrate without unnecessary delay and within 48 hours after arrest, excluding Sundays and holidays. If the 48-hour period ends when the court is not in session, it extends to the next court session on the following judicial day. If the arrest occurs after court hours on a Wednesday and is not a holiday, the defendant must be brought before the magistrate by the following Friday, if that Friday is also not a holiday.
Therefore, if your arraignment occurred on November 16, 2007, and you were arrested on November 13, 2007, it appears that your arraignment was outside the required 48-hour period. You may have grounds to challenge the arraignment based on this statute.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.