If you or a loved one is arrested in relation to a crime that took place in another county, several questions will naturally circle your mind. The big issue is how long can a jail hold you on a warrant from another county in California.
Balboa Bail Bonds offers bondsman services in Los Angeles, Orange County, San Diego, and beyond. If you are arrested out of county, the following information will be very useful.
An Introduction to Out-of-County Arrests in California
California is a state that consists of 58 counties. Generally speaking, a law enforcement officer should only complete an arrest in their own jurisdiction. The main exceptions to this are;
- When the police officer has a warrant from a judge,
- The suspect is fleeing the jurisdiction of the pursuing police officer,
- The officer makes a citizen’s arrest outside of their jurisdiction.
However, when a warrant has been issued for a person’s arrest, the accused party can be arrested by the jail of the county in which they are currently located. They will subsequently be booked in the county where the arrest takes place.
Law enforcers can quickly see if a warrant has been put out on a person by checking the appropriate databases and entering the person’s ID or driver’s license details. Alternatively, if police officers know of a defendant’s whereabouts in another county, they may actively contact the local authorities in that county.
Out-of-County Arrests: Posting Bail in California
When an arrest takes place outside of the county in which the suspected crime took place, the arresting officer must let you know whether you are entitled to bail in the arresting county. If there was a warrant for your arrest, there should be the chance to be seen by the judge in the arresting county.
Upon doing this, you will have the chance to post bail via the traditional methods, including a bail bondsman. Following this, you will be released from custody in the arresting county and able to get on with your life. However, you will be required to see the judge who issued the warrant for your arrest within 25 days of posting bail.
It should additionally be noted that the bail bond will be forwarded to the court of jurisdiction.
Holding Period for Cross-County Warrants
When arrested out-of-county, there are several situations in which you might not post bail. Examples include if your felony arrest warrant does not specify a bail figure, or you did not demand to see the judge of the arresting county.
In either scenario, the arresting county will advise the jail of the county in which the suspected crime took place that they have you in custody. They will hold you there until you are collected and transported back to the county in which the warrant was issued.
Beginning from the day after you were booked, you are legally obliged to be collected within;
- 5 calendar days if the two counties are less than 400 miles apart,
- 5 working days if the two counties are more than 400 miles apart.
This works for both felonies and misdemeanors. For the latter, however, a judge in the arresting county is allowed to set the bail figure if one was not submitted by the judge that issued the warrant.
What About Non-Warrant Cross-County Arrests?
When an arrest is made in another county without a warrant, Penal Code 825 states that the defendant remains in custody at the local arresting jail until they are picked up. The receiving county (from which the accusation relates to) is required to collect inmates within 48 hours of contact.
Alternatively, the accused party can pay the bail fee set by the arresting county to secure their immediate release. In this instance, though, all conditions of bail must be met.
What Happens When Also Facing Charges in the Arresting County?
The out-of-county arrest only relates to one suspected crime, but a defendant may also be charged for accusations in the arresting county. When this is the case, it should be noted that any right to arraignment is forfeited until the charge in the arresting county is resolved.
It is the logical approach as resolving the out-of-county arrest first would then leave the defendant needing to be transported back to the county of their initial arrest.
Can You Be Jailed in the County of Arrest?
A judge or police agency desiring a warrant may authorize this to happen in any of the other counties in California, as long as the alleged crime is prosecutable in the arresting and receiving county. Given that you can be put before the judge of the arresting county, it is possible for them to decide whether to implement pretrial detention.
When this happens, though, your entitlements to a speedy trial and other rights remain. In many cases, though, out-of-county warrants cover minor offenses such as unpaid parking or driving fines. In this case, many arresting counties will give defendants the opportunity to clear those charges before the situation escalates any further.
Extra Charges for Out-of-County Arrests
When you are arrested in another county without knowledge of the warrant on your name, you will not face additional charges and will be entitled to a hearing to contest the extradition process. This is true for out-of-state arrests too.
However, if you have purposefully fled the county and ignored the warrant, you are technically considered a fugitive – even if you believe that you’re innocent. In this case, charges in relation to fleeing the county will be added to the initial charges detailed in the warrant.
Posting Bail with Balboa Bail Bonds
Whether the bail fee is set by the arresting county or the receiving county, funding the full cash bail fee isn’t easy. However, Balboa Bail Bonds can help you secure freedom by posting bail on your behalf. In turn, you can focus on preparing your case and fulfilling any obligations you have to the judge who issued your warrant.
For a fast and highly professional service for complex cross-county arrests in California, call our experts today.
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