Legal Question in Criminal Law in California

I was held in custidy for 5 days (3 working days and 2 weekend days) for under the infuence, and controld substance.,

i never went before a judge or spoke to any one about my case. now after two months they are charging me with the above charges.

is it not true they have 72 hours to charge me. do i not have the right to go before a judge, and to hear my charges aganst

me. have my civil rights been violated?


Asked on 8/25/09, 10:41 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

You're close but not quite right. They have to charge you within two court days of arrest, or release you if charges haven't been filed. (Weekends, holidays and the day you were arrested don't count.)

Since the DA hadn't filed charges, you were released.

Health & Safety Code 11550, under the influence of specified controlled substances, is a misdemeanor so the DA has a year to file charges. If you are charged with a possession offense that could be charged as a felony the DA has there years.

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Answered on 8/25/09, 11:02 pm


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