boyfriend arrested. in another co. found out he has a ramey warrant. the detective comes to our co. where hes in jail on other charges. reads him his rights on ramey warrant and questions him. tells him if hes formally charged he will get paperwork. that was 72 days ago. although hes in another co. other than where rsmey warrant issued. the detectives from that co. came n read him rights n questioned him. doesnt that 48 hr. rule still apply.
He'll be transported to the other county for arraignment at some point.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
If he's being held in one county, then once he is done serving his sentence he'll be transported to the other county to face charges... if there are any charges filed. The Ramey warrant is a "pre-complaint" warrant, meaning it was issued without any charges being filed in court. That's why the detective said "if" he is charged. If the other county files, a warrant will likely issue and they'll put a hold on him in the current county.
If there is a case filed at some point, he may want to consider a 1381 demand to force the issue. He should be discussing this with his attorney.
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.
Mr. Dane is correct. If a complaint is filed, your BF could force the issue with a 1381 demand. And, he should be talking to his lawyer now about what his options are, whether or not a complaint has been filed, yet.
The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.
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