If a case is dimissed while in custody what is the law do they get released?
4 Answers from Attorneys
If there are no holds they should be released the same day.
I agree with Mr. Shapiro. A hold would occur if there was a warrant for other charges.
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.
AND, the prosecutor can always refile charges before the release, and start the case over.
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