When you are arrested for a crime, you are only a suspected offender. The court must find you guilty of the charges to sentence you in accordance with the law. However, your case is not immediately determined after an arrest. It can take days, weeks, months, or years for court proceedings to be completed and for your case to be finalized. Courts grant bail to avoid holding a suspect in custody for prolonged periods before they are determined guilty.
If you have no bond, you have a right to a speedy trial. The court must find a way to reduce your jail time before a conviction. It can release you on personal recognizance or allow you to use a bail bond service.
Understanding Arraignment Timelines by County
In California, the law requires courts to arraign a defendant within 2 days of arrest. This reduces the time they spend in custody before their case is determined. However, this timeline generally excluded holidays and weekends. Different courts also have their own court schedules that determine how long you can stay in jail awaiting your trial.
If you are detained in a county or city jail, the police must arraign you within forty-eight hours. If you are arrested on a Friday or weekend, your arraignment will typically occur the following Monday or Tuesday. If you do not waive time, your preliminary hearing must occur within ten days of the initial arraignment.
In Los Angeles, initial arraignments can happen at any location for in-custody defendants. These are usually scheduled for 1.30 pm. In San Diego County, a misdemeanor arraignment must be planned. Courts do not allow walk-ins. You must schedule an appointment through the traffic business office. In Santa Clara, you can postpone or file for the continuance of your arraignment. This is allowed if you file your request ten days before the scheduled date. In San Bernardino and Riverside counties, your attorney can appear on your initial arraignment on your behalf. A court can delay an arraignment for an in-custody defendant for a valid reason.
In San Mateo County, arraignments for traffic offenders are usually scheduled for Wednesdays and Fridays.
The timelines generally vary depending on whether you are in custody or out. If you are not in custody, the court can push the arraignment date further, even for weeks or months. However, if you are in custody, the court must schedule the hearing sooner to avoid keeping you in custody for a long time before your case is determined. Remember that you can waive the time up to 10 days before a scheduled hearing if your defense team needs more time to prepare.
Factors That Can Delay Your Release
Remember that generally, the police have up to forty-eight hours to arraign you in court after an arrest. However, this timeline can change, based on several factors, including the following:
The Day of Your Arrest
The forty-eight-hour rule is generally affected by the day you are arrested. If you are arrested on a Friday, weekend, or holiday, your arraignment will be rescheduled to the next weekday. This is because the 48-hour rule does not apply to weekends or holidays. This will definitely prolong the time you should remain in jail.
Pending Investigations and Evidence
The prosecutor can delay filing charges in court after your arrest, which will delay your release date. This can happen if they need medical results or forensic evidence to determine the appropriate charges. The delay can also happen if the police report is not ready after 48 hours of your arrest.
If You Are Considered a Safety or Flight Risk
A court can delay your pretrial release if you are considered a safety or flight risk. You could be considered a safety risk if you have a serious history of violent crimes or are facing serious or violent charges. You could be considered a flight risk if you do not have strong ties within your community or have a history of failing to appear. In cases like this, the court may not be quick to approve an immediate pretrial release.
If You Cannot Afford Bail
If your arraignment is scheduled and the court grants bail, a delay may occur if you cannot bail yourself out of jail. It could take time to identify and engage a reliable bail bondsman if you do not already have one in mind.
The Effect of the COVID-Era Backlog
COVID-19 caused significant delays and backlogs, especially in the criminal justice system. Some of the backlogs created then are still affecting court operations today. Thus, these backlogs can affect how long you must remain in jail before you are granted bail after an arrest. This is because courts are overwhelmed with pending cases, and this can delay court proceedings in current cases. What defendants are experiencing today are longer detention periods and increased pressure to accept plea deals to settle cases before trials.
How Your Family Can Help
Although no one is actually prepared for when they or a loved one can be arrested, a quick action by your family can save the day. Your family can quickly raise funds to post bail and get you released after your arrest. If this is not an option, they can use a valuable asset as a property bond to guarantee your court appearances. If your family lacks sufficient financial resources to bail you out, they can quickly find and engage a reliable bail bondsman. An experienced bail bondsman can quickly process your release to reduce your time in jail.
Find a Reliable Bail Bondsman Near Me
An arrest in California can result in a short or long stay in jail. The exact time depends on our charges and how well you are prepared to bail yourself out of jail. If a court grants you bail within 48 hours of your arrest, you can use cash bail or property bond to quickly engage a bail bondsman.
At Balboa Bail Bonds, we are familiar with all local courts and jail processes. We can reduce your jail time by processing your release immediately after the court grants you bail. Call us at 619-760-2222 to learn more about our services.
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