Legal Question in Criminal Law in California

If a case is dimissed while in custody what is the law do they get released?

Asked on 11/18/13, 8:14 pm

4 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

If there are no holds they should be released the same day.

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Answered on 11/18/13, 8:37 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Shapiro. A hold would occur if there was a warrant for other charges.

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Answered on 11/19/13, 7:04 am
Edward Hoffman Law Offices of Edward A. Hoffman

If the dismissed case is the only reason the defendant was in custody, then yes. But she might also be in custody due to other pending charges, parole violations, outstanding warrants, immigration issues, etc.

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Answered on 11/19/13, 12:24 pm
Terry A. Nelson Nelson & Lawless

AND, the prosecutor can always refile charges before the release, and start the case over.

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Answered on 11/19/13, 1:51 pm

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