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In California how long can a person remain under arrest without being arraigned?
Hismom
Because of Habeus Corpus, a person cannot be held in jail without a reason.
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How do you recover personal property that has been seized in an arrest but the person was never arraigned in a California court?
You should contact the police department that made the arrest and inquire there.
How are warrant arrest and probable cause arrest alike and different?
A arrest warrant is an order by a judge, to the police, to bring a person before the court to answer for criminal charges. Arrest warrants (with some exceptions, such as Ramey warrants in California) are only issued after the judge has reviewed a probable cause affidavit that describes the probable cause for the arrest and agrees that the arrest is reasonable. In a probable cause arrest, also known as an "on view" arrest, the arresting officer makes the decision to arrest the person on the spot. The decision will later be reviewed by the officer's supervisor(s) and by the prosecutors office before criminal charges are actually filed and the defendant is arraigned.
Can a person arrest without a warrant?
Yes
How long does an officer have to charge a person with a crime after being arrested in Ohio?
You must be charged with something in order to be arraigned, and you must generally be presented to court to be arraigned within 24 hours of arrest. Of course, if you have already been charged with some offense but the police are still invistigating you on yet another, THAT charge can take as long as it takes them to produce probably cause.
When a person is under arrest what happens when they are arraigned?
The person appears in court and enters a plea to the charges. The defense attorney usually requests the person charged be released on bail or as an OR; the prosecutor may or may not object to the action, the judge decides whether the person will be released until trial or remain in jail until trial.
What are the instances of warrant less arrest?
In California an arrest for a misdemeanor can be made without a warrant IF the offense was committed in the presence of the officer/citizen making the arrest ( see penal code section 836 & 837. Arrests can also be made for a felony without a warrant IF a felony has in fact been committed and you have probable cause/reason to believe the person committed the felony.
What are the circumstances that a person could be arrest without a warrant arrest?
ANY offense which occured in an officers presence, or any felony crime for which your name and/or description has been flashed over the police communications systems.
When an officer makes an arrest without just cause he or she may?
He or she may apologize to the person and let them go.
A person arrested for committing a crime?
Such a person is known as an ARRESTEE until such time as they are arraigned in court then they become known as a DEFENDANT.
What are the elements of an arrest?
An arrest refers to the lawful deprivation of the freedom of an individual by a peace officer. A police officer may arrest a person if he reasonably believes a crime has been committed without a warrant.
What case you we can file for the police he arrest a person without warrant?
Police do not necessarily need a warrant to arrest someone. Basically an arrest means that they have strong reason to believe that someone has broken the law. A warrant allows them to arrest the person on sight even if they are doing nothing wrong at the time. If you feel like the arrest is unjust your best option is to get an attorney.
Is an arrest record different from a criminal record... or police record?
An arrest is not. A CONVICTION for violating a criminal law is. You are innocent until proven guilty.
