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

Asked 10 months ago - 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)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  2. William Mark Weinberg

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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.
  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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