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How long can police hold you without charges in California? It’s an important question to ask. When someone is arrested, they’re often unable to think clearly due to the shock of finding themselves in a situation that no one wants to go through. However, understanding your basic rights is paramount to ensuring that you’re treated fairly.
In this post, we’ll run through everything you need to know relating to the question, ‘how long can you be detained in California?’ We’ll also guide you through some tips that will help you get through this challenging time.
Remember: if you’re in jail and bail has been set, then we’re here to help. Get in contact with Alana’s Bail Bonds today to begin your journey towards posting bail and returning home.
California's Laws on Detention Periods
The police can’t hold you in a jail cell forever. So how long can you be held in jail without a trial? In California, they’ll have forty-eight hours to charge you with a crime or to release you. Note that this is different to most other states, which allow police officers up to seventy-two hours before bringing charges or sending them home.
If you’ve been released within forty-eight hours, then keep in mind that doesn’t necessarily mean that the police are finished with you for good. They can still bring you in for questioning or arrest you at a later date, but, for the time being at least, you’ll be able to go home.
Also, keep in mind that the forty-eight-hour timeframe can be extended in some special situations. For example, if it’s a National Holiday, then the forty-hour period will not apply. That’s not to say that you’ll definitely spend another day in jail, but the police will have the legal right to do so.
Understanding Police Detention in California
The police can’t just arrest whoever they feel like. They’ll need to have sufficient grounds to bring you into the police station. This is called ‘reasonable suspicion.’ Essentially, law enforcement has a pretty good basis for putting you in handcuffs. This could be that they’ve seen you doing something, you’ve been identified by a witness, or something during their investigation indicates that you’re a person of interest. They need to have some sort of evidence.
Even in the eventuality that you are arrested, it’s likely that you’ll be able to return home relatively soon. If bail is granted, then it’ll just be a matter of posting bail, which will allow you to leave jail until your trial. If you need help posting bail, then get in contact with us here at Alana’s Bail Bonds by calling 619-468-9333. We’re available twenty-four hours a day, seven days a week.
Your Rights During Police Questioning
You have rights during police questioning, and understanding what those are can ensure that you’re treated fairly. While the police might appear friendly, or even to be on your side, it’s important to keep in mind that, fundamentally, they’re doing their job. Knowing what rights you have can ensure that you don’t make a mistake that may cause you legal harm later down the line.
For instance, you have the right to remain silent. The police will read you the Miranda Rights, which outlines that you have this right, but they won’t keep reminding you. You do not have to answer any question that you don’t want to answer.
You’ll also have a right to a lawyer. You can contact your own lawyer or, if you don’t have one, you will be provided with a state-appointed lawyer. If you request an attorney, then the questioning must cease completely until they’ve acquiesced with that request.
Limits on Jail Holding Periods
As we stated above, the police will, in most cases, have forty-eight hours to charge you with a crime. The only exception to that is if those forty-eight hours include a holiday. However, even in that situation, most people are charged or released before then — the police rarely use all of their allocated time except for in complex cases.
It’s also possible that a judge might grant the police more time to conduct their questioning. However, that only occurs in complicated cases. Plus, in many cases, the judge will deny the request.
How Long Can You Be Kept In Jail Before Going to Trial?
The arrest is only the first step of the judicial process. If your case goes to trial, then you’ll either wait in jail until your court date or you’ll wait at home. That will largely depend on bail.
If you’re unable to post bail, or if bail is not granted, then you’ll have to wait in jail until your court date. People who have to remain in bars until their court date will be given a speedy trial. That means you’ll go before the court within thirty days of your arrest if it’s a minor crime (for felony crimes, it’s within sixty days).
If bail is granted, but you’re unable to pay, then it’s recommended to get in touch with a bail bond company like us here at Alana’s Bail Bonds. We can pay the bail value on your behalf in exchange for a fee (usually 10% of the bail cost), allowing you to leave jail and return home until your trial.
The Consequences of Excessive Detention Time
There are two key consequences of excessive detention time, though which one applies to your case will depend on whether it’s legal or illegal excessive detention time. If it’s illegal — as in, you’ve been kept longer than you should without authorization — then it’s recommended to get in touch with an attorney since your rights will have been violated. If you’ve been kept longer than is normal, but it’s legal, then the implication will be added stress and worry. You can ensure that you’re out of jail and back with your loved ones by posting bail as soon as possible.
If you need help posting bail, then reach out to the team at Alana’s Bail Bonds today. We’re on hand to take your call.
