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My husband was arrested on 8/28/2009 and did not have an arraignment until 9/3/2009 is that against the law.

Moreno Valley, CA |

If the court does not arraign you within 48 hours of arrest is that against the law

Attorney Answers 2


Yes. The relevant Penal Code section is listed below:

825. (a) (1) Except as provided in paragraph (2), the defendant
shall in all cases be taken before the magistrate without unnecessary
delay, and, in any event, within 48 hours after his or her arrest,
excluding Sundays and holidays.
(2) When the 48 hours prescribed by paragraph (1) expire at a time
when the court in which the magistrate is sitting is not in session,
that time shall be extended to include the duration of the next
court session on the judicial day immediately following. If the
48-hour period expires at a time when the court in which the
magistrate is sitting is in session, the arraignment may take place
at any time during that session. However, when the defendant's
arrest occurs on a Wednesday after the conclusion of the day's court
session, and if the Wednesday is not a court holiday, the defendant
shall be taken before the magistrate not later than the following
Friday, if the Friday is not a court holiday.

Failure to adhere to the requirements under this section can create a civil cause of action against the law enforcement agency, and may also constitute grounds to ask a judge to release the defendant on his own recognizance. It is not grounds for dismissal of the case.

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Only if he was in jail the entire time. Otherwise there is no law against an arraignment longer that 48 hours after arrest.

Edward J. Blum

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