Time limitation before appearing in an arraignment?

This is a discussion on Time limitation before appearing in an arraignment? within the Trials & Sentencing forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Is there a limitation on how long a person has to wait in jail before being arraigned? My brother was ...

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Old Aug 27th, 2007, 07:46 PM   #1
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Default Time limitation before appearing in an arraignment?

Is there a limitation on how long a person has to wait in jail before being arraigned? My brother was arrested for possession of a controlled substance on Wednesday and it's now Monday. He has not been arraigned yet nor has he seen a public defender at any time.

He has indicated that he had been convicted of the same violation just three months ago. He had to pay a fine and undergo counseling/treatment. He also indicated that with this arrest, he was not read his Miranda rights, nor was told why he was arrested after being pulled over for speeding.

My brother would like to know if there is such a rule that a person has up to three days to be arraigned or the case could be thrown out? And if he is convicted again, what would be the more likely sentence for this offence?

This is all the information I have at the moment. Any response would be much appreciated!
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Old Aug 29th, 2007, 09:19 AM   #2
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Default Re: Time limitation before appearing in an arraignment?

Not in many state courts.

You should call the public defender's office if you don't have counsel and ask them to intervene and see that this is done in a timely way.

If that does not work let us know here.
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Old Aug 29th, 2007, 12:02 PM   #3
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Default Re: Time limitation before appearing in an arraignment?

Thank you for the response!

I forgot to mention that he's in California. So is there a 3 day wait or get released rule?

Also, he was arrested for the same offence 3 months ago. Will he be serving time is time around? And if so, how long would it be?

Thanks once again for any response.
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