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How long can a defendant be held before arraignment?

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    Peter Goldscheider | Law Office of Peter F. Goldscheider
    438 Cambridge Ave. Suite 250
    Palo Alto, CA 94306
    (650) 323-8296
    72 hours not including weekends.
    Answer Applies to: California - Replied: 8/14/2014
    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    Generally, 2 court days after arrest.
    Answer Applies to: California - Replied: 8/13/2014
    Robbi A. Cook | Law Office of Robbi Abrams Cook
    1330 Broadway
    Oakland, CA 94612
    (510) 208-5051
    In most cases, a defendant must be brought before a Judge or magistrate within 48 hours after his or her arrest.
    Answer Applies to: California - Replied: 8/13/2014
    Eric Sterkenburg | Law Office of Eric Sterkenburg
    16478 Beach Boulevard, No. 329
    Westminster, CA 92683
    (562) 477-6940
    Three days not counting weekends or holidays.
    Answer Applies to: California - Replied: 8/13/2014
    Mark A. Broughton | Hammerschmidt Broughton Law
    2445 Capital Street
    Fresno, CA 93721
    (559) 233-5333
    That depends. If he/she is in custody the complaint generally must be filed within 2 court days of the arrest in state court; in federal court, he/she will be brought to court very rapidly, sometimes the same day. If the person is out of custody the prosecutor in state court has up to the statute of limitations period to file charges; in a misdemeanor case, up to a year, and in most felony cases, up to 3 or 4 years (longer for some charges, and there is not statute of limitations for murder). If the person is in custody on a new charge and has a violation of probation/parole case pending as well, these timeframes are extended. So, it depends.
    Answer Applies to: California - Replied: 8/13/2014
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