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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 01-30-2013, 10:23 PM
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meaty-btz meaty-btz is offline
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Default Need some info: Re-arrest/72hour -not me-

I won't go into detail but I need some help from pros to understand the procedure itself. No it isnt me, it isn't even someone I know. I am helping a friend and her questions confused me.

After the end of a 72 hour period with no charges filed, no arraignment, the DA has no record in their computer, she is in county jail, the city police that conducted the arrest have the record. Contact with the county jail resulted in them saying that she is still being held and was "rearrested" at 11:00pm at night. She has not even been contacted by anyone in the jail since her initial processing. Is this some kind of computer action that is used to extend the 72 hour window?

I find this very confusing. Can you just do an electronic re-arrest to extend the time?
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Old 01-31-2013, 10:12 AM
IA300 IA300 is offline
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When a person is arrested for a felony, they have the right to be arraigned, which means charges are filed and they have the right to enter a plea to start court proceedings. If the charges aren't filed, they are supposed to be released, this must take place within the 72 hours.
In her case, my guess would be she was arrested and the case was taken to the DA's office, who felt there was not sufficient evidence to file charges and asked the Police/Sheriff to do additional follow up. The follow up is being completed and, at the same time, they want to keep her in custody for whatever reason, flight risk, etc.
With the knowledge she was going to be released at the end of the first 72 hours, the officer made a call to the jail or went there, as she was going to be released and arrested her again, starting the 72 hour clock over.
The case will be presented to the DA's office again and charges are likely to be filed within the next 72 hours. I have rarely seen it go past the second 72 hour period, because the court tends to frown on that.
Please know there is a difference between probable cause to arrest and sufficient evidence to file charges.
You can PM me if you like....
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Old 01-31-2013, 1:03 PM
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Quote:
Originally Posted by IA300 View Post
When a person is arrested for a felony, they have the right to be arraigned, which means charges are filed and they have the right to enter a plea to start court proceedings. If the charges aren't filed, they are supposed to be released, this must take place within the 72 hours.
In her case, my guess would be she was arrested and the case was taken to the DA's office, who felt there was not sufficient evidence to file charges and asked the Police/Sheriff to do additional follow up. The follow up is being completed and, at the same time, they want to keep her in custody for whatever reason, flight risk, etc.
With the knowledge she was going to be released at the end of the first 72 hours, the officer made a call to the jail or went there, as she was going to be released and arrested her again, starting the 72 hour clock over.
The case will be presented to the DA's office again and charges are likely to be filed within the next 72 hours. I have rarely seen it go past the second 72 hour period, because the court tends to frown on that.
Please know there is a difference between probable cause to arrest and sufficient evidence to file charges.
You can PM me if you like....
A thousand thanks. That is exactly the clarity I was looking for. My presumption was that what you said above is the case but I had no understanding of the system, actions, and policies, let alone the laws. This helps me quell things.

I don't think charges will be filed. The complainant has fled the area, is an illegal, has no legal address, and is a known troublemaker to the local PD. There are no other witnesses in the case. Today will be the 5th day. I expect the second hold was designed to enable them to try to track down the one who started this mess. You guessed it correctly that the initial charge was a felony. I see this being worked out cleanly from here.
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