My brother was arrested with a Ramey warrant on a "participate in gang" felony charge on 12/20/2014. He asked the officer inside the jail how long he had to wait before the prosecutor could either file charges or release him because of no charges filed. They told him it would be 10 business days, not the usual 48 hours or 72 hours because he was arrested with a warrant. Is it true?
You could benefit from meeting with an attorney to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best and Merry Christmas.
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.
Never take advice from police officers nor correctional deputies. He should be produced in court within 72 hours unless he is being held on a probation violation. Given the "gang" allegations, I would not be surprised if he's on probation or parole. Retain an attorney in the Fresno tomorrow to look into this and defend your brother. You've asked this question repeatedly. It should be clear by now that you cannot resolve this online. Your brother needs a local criminal defense attorney.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
It sounds like the warrant was either from another state or he is on probation or parole, either in CA or another state. If he is not on probation or parole or the warrant is not related to a case in another state, Penal Code section 825 provides that an arraignment must be conducted within 48 hours of being taken into custody. Weekends do not count.
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