Legal Question in Criminal Law in Washington

Re: Proabable Cause Arrest

Dear Sir/Madam:

Was the "Probable Cause" arrest made with or without a warrant? If it was made without a warrant, a Gerstein hearing may be necessary within 48 hours. However, based on your facts, it appears that your brother is out on bail already?

Was the arraignment held within 14 days of the first appearance?

Also, are you speaking of federal or state court?

Re: Proabable Cause Arrest

I believe I answered your question in an e-mail. However, there is a little more information in your question here. An assault 2 actually gives them 5 years to file the charge. They cannot hold your brother on bail during that time. If holding your brother they have 2 days to file, 14 days to arraign, and 60 days to bring to trial. Also, "victims" do not have the option to "not press charges" as we see so often in television & movies (perhaps they do in other states). The prosecutor presses charges, even against the victim's will, and the victim is merely a witness for the prosecution. The early hire of a defense attorney can help your brother's case benefit from the recanting victim.

At your service,