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When you are arrested, by law, how long can they keep you without seeing a judge.

Ukiah, CA |

I had a family member that was arrested 2 weeks ago. It took a total of 7 days (168 hours) for him to be seen by a judge.
I was under the impression that in the state of California you had to be seen by a judge within 72 hours of being arrested.
He was arrested on a Tuesday (time unknown) and didn't see a judge until the following Tuesday.
Any information in regard to if this is legal or not, as well as what can be done about it would be much appreciate, thank you.

Attorney Answers 3


It depends on why he was arrested. For a fresh case? Probation violation? Parole violation? A warrant? From the same or a different county?

Yes - typically a freshly arrested person is brought in front of a magistrate within 2 court says of their arrest, but those other questions I asked matter as well.

Their attorney can look into any irregularities.

Please pardon any typos - posted via mobile device.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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This may be the weird Thanksgiving weekend and if he was arrested on Tuesday, his 72 hours wouldn't include Thursday, Friday or the weekend. That would get you into the following week. There isn't anything to do about it, since it's not illegal under that scenario. Just bad timing.

If my answer has been helpful please note that. We answer these questions free of charge and appreciate the feedback.

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Typically 48 hours, can be as long as 7 days depending on the holiday schedule for new charges. Longer for probation / parole violations.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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