No charges after 72 hours means they let you go?

Asked almost 3 years ago - Sacramento, CA

My boyfriend got to sac county jail Friday night for a warrant arrest. Monday on the website it said he had court for Tuesday the 23 rd however in court they had no charges so he ended up not going to court later on the website it now says court on 25 and DA rearrest instead of fresh arrest ? The 25 is after the 72 hours so I ears they have to let u go if no charges are made and as of Tuesday there are none?

Attorney answers (2)

  1. Brian Andrew Bezonsky

    Contributor Level 14

    Answered . Since the DA didn't file charges within a few days as required if your boyfriend was in custody, they had to let him out of custody. That doesn't preclude the DA's office from filing charges in the future. They have a year from the date of the incident if it's a Misdemeanor filing, and generally 3 years from the date of incident to file if it's a Felony filing.

  2. Michael Lawrence Chastaine

    Contributor Level 9

    Answered . Technically you are correct that if no charges are filed within 72 hours they are suppose to release the accused. However, they can "re-file" and keep him in custody. Unfortunately, there is no clear remedy for this situation. However, since it does appear that the DA intends to file charges, getting an attorney to assist with bail and defense against the charges is well advised.

    Response to answers is for general information purposes only and does NOT establish an attorney client... more

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