Can I sue for being held 7 days without an arraignment?

UPDATED: Jul 17, 2010

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Can I sue for being held 7 days without an arraignment?

I was arrested for a DUI on 2/11/10 and arraigned a week latter on 2/18/10. I am seeking a criminal defense lawyer to sue the county of Los Angeles California for holding me in custody for over72 hours without an arraignment. Due to holidays and furlough days they held me 7 days in a city jail without legal representation. I was never given documentation explaining my charges. While in custody I was transferred to the county jail after 7 days in the city jail. I fought the case with a public defender for 65 days after which he suggested I plead guilty without signing a plea agreement in open court forum. I would like to sue to prevent this from taking place in the future.

Asked on July 17, 2010 under Criminal Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am sorry for your troubles.  It is true that every state has a criminal procedure code that requires that a party is arraigned within a certain period of time and is assigned legal counsel if they can not afford an attorney on their own.  That is a right given us all under the Sixth Amendment to the Constitution.  But each states laws codes differ and it is best to seek consultation with an attorney in your area as to the alleged violation of your rights.  Be aware that sometimes you can get caught in "the system" for an extended period of time due to holidays and weekends and arraignment schedules.  Why you were held 7 days without seeing an attorney is unclear.  Get help in your area.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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