Being taken to jail on suspicion of a crime is never enjoyable. However, it can be a particularly confusing situation if you have not been officially charged for an offense. When this happens, asking “How long can police hold you without charges in California?” is essential.
Here at Balboa Bonds, we offer a range of bail bonds for individuals who are charged with a crime. Before contacting us to arrange your freedom from jail, though, this quick guide will answer all of your key questions like “How long can you be detained in California?” and “How long can you be held in jail without a trial?” to provide the clarity you need at this stressful time.
Can a police officer search you without an arrest?
The first question many people ask is whether they can be held for questioning without officially being charged with a crime. The short answer is ‘yes’. Law enforcement officers in the State of California are permitted to temporarily detain suspects in relation to both felonies and misdemeanors, as long as there is reasonable suspicion that is backed by objective facts. This is a result of the 1968 Terry v Ohio case, leading to the name “Terry stop” being coined for temporary detentions also known as stop and frisk.
When this happens, though, you should not panic. The search merely means that there is some suspicion that you may be involved in a crime. However, there is no evidence against you and an arrest may not be warranted.
How long can police hold you without charges in California?
A police officer can detain a person for as long as necessary to complete a legal search and/or determine whether a crime has been committed. As well as a Terry stop, law enforcers may conduct a search at a traffic stop. In this instance, both the driver and passenger may be detained until the search has been completed. This could relate to traffic violations, as well as issues like drug possession.
In either case, the stop and frisk process should only last a short time. However, law enforcers can also call you in for questioning.
So, how long can you be held for questioning?
If arrested or called in for questioning, California Penal Code Section 825 states that defendants must be brought before a judge within 48 hours to determine whether they will be charged or released. In other words, you can be held for 48 hours without charges.
It should be noted, though, that this time can be extended in some circumstances. The most common example is bank holidays, which do not count within the 48-hour timeframe and could see the timeframe extended to 72 hours. However, you could be released far sooner if the police officer is happy to confirm that you will not be charged.
If charged, a bail hearing must also occur to determine whether bail is offered and (where applicable) set a bail fee.
What are your rights when held for questioning in California?
While law enforcement teams are permitted to question suspects, doing so without reasonable suspicion is known as unlawful detention. You are protected by the Fourth Amendment, which means police officers cannot detain you for an unreasonable cause or for an excessive amount of time. Additionally, they must not use false information to obtain a search warrant.
You are also allowed to record the police officer to create evidence of potentially excessive force. However, you must not do this secretly and should make it clear that you are recording.
How long can you be held in jail without a trial?
If arrested in the State of California, posting bail enables you to avoid jail time until the date of your trial – as long as you satisfy the conditions of your bail.
However, if bail is not permitted or you are unable to pay, you are eligible for a speedy trial under Penal Code 1382. If held in custody, you have the right to have a trial arranged within 30 days from your arraignment. For a felony, the timeframe is extended to 60 days.
The rulings are relevant regardless of which county the arrest took place in or which jail you are held at. However, it is still a long time and could lead to significant damage in your personal and professional life. So, if you require help posting bail, contact Balboa Bail Bonds today. We will work quickly to get you out of jail so that you can return to daily life and begin to prepare your defense.
Tags: California Police: How Long Can They Hold You Without Charges?