How long can you be held on an arrest warrant before you see a judge?

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How long can you be held on an arrest warrant before you see a judge?

My boyfriend was arrested last night on a warrant for not doing his community service. The officer said that he would probably see the judge on in a couple of days but when I called IRC they said that it “might” be much longer than that. How long can they make you wait before seeing a judge?

Asked on June 3, 2011 under Criminal Law, California

Answers:

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

Answered 10 years ago | Contributor

Here is my general understanding of the law and as it applies in California:

After he is arrested he will need to be booked at the police station. He should have been fingerprinted and asked a series of questions, such as his name and date of birth. He will also be searched and photographed. His personal property such as jewelry will be catalogued and stored.  Then criminal charges have to be filed. Once criminal charges are filed, he will be arraigned or brought in to court before a judge. If he is held in jail, his arraignment will usually occur within 72 hours of his arrest.  That time is an estimate based upon a lot of factors.  Get some legal help for him.  Good luck. 


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