Held in custody....

[evil tyler durden]

I have a question for all LEO's, but in particular L.A. County LEO's. My brother was placed into custody in early July. He was held in custody until the 16th when he was released.

My question is this, seeing as he was picked up for a DUI Evasion charge (NEW), and held in custody. He waited 2 weeks in jail and went to court for his warrants that he had outstanding. He took care of the warrants but never saw a judge while being held in custody for the evasion charge, and was then released. Does this end up being a D.A. Rejected case since he was released? Also upon looking at his court paperwork there is nothing showing a charge of DUI, only felony evasion and the warrants were put on his charge paperwork.

He also made mention that he was informed by public defenders, deputies, & 1 judge that if he was held in custody for more than 72 hours of arrest for a charge and had not seen a judge that this would result in the case being dismissed. Hence D.A. Reject.

Please any help on these questions would be greatly appreciated.

Thanks in advance.

[Tripper]

They can still go warrant complaint on the initial charge that got him into custody
Them not filing is not the same as rejecting
Have him call the da mayb once a week until he gets an absolute answer on the status of the charge
They can put him off for maybe a year depending on the charges.
He may annoy the da enough to get them to at least do something, you could also call the arresting agency supervisor and see about getting a resolution that way
2 weeks taking care of the other stuff should have been sufficient to get him heard on the initial charge if they were going to file it.
If da says not filing, get it in writing somehow

[Tripper]

Oh and forgive my ignorance
What's a DUI evasion charge
Sounds almost like they had an initial reason for stop then found the warrants and that was arrestable
They may have actually cited/ticket only for the traffic offense and only taken to jail for the warrants

[Tripper]

Not being seen is not = reject
It only means they can't hold you ''on that charge''
Which they weren't if he went to court in the warrants and was remanded
The 72 hours is generally for serious felon offenses and has some other rules along with it

I'm not LEO or lawyer, but I do definitively know the rules for arraignment

[SVT-40]

Having warrants kind of nixes the 72 hour requirement because he can be held on the warrants until he posts bail or is seen by a judge....

In all likelihood he was released pending filing of the evading charge with the DA's office. Have him call the DA's office to find out whats up with the new charges.

[evil tyler durden]

Oh and forgive my ignorance
What's a DUI evasion charge
Sounds almost like they had an initial reason for stop then found the warrants and that was arrestable
They may have actually cited/ticket only for the traffic offense and only taken to jail for the warrants

DUI= Driving Under the Influence (VERY F'ING STUPID) he admits this.
Felony Evasion= High speed chase. Also he admits this was very stupid.

He said he was blacked out and woke up in the hospital, so he doesn't know what happened between where he was and waking up in the hospital. No one was killed luckily though, and he regrets it even happening.

The pd also had removed him from the hospital without taking proper release paperwork. As well as checking him in at the station with no release paperwork from the hospital he was at

[TheExpertish]

Sounds like your brother needs a good lawyer and that's who can provide the best answers. DO NOT trust a public defender if you can afford otherwise. Remember, public defenders are paid by the state and are usually aspiring deputy DA's. I don't think you're going to get many clear answers here.

[emvampyre]

. DO NOT trust a public defender if you can afford otherwise. Remember, public defenders are paid by the state and are usually aspiring deputy DA's. .

That is one of the STUPIDEST statements I have seen on this site. If a PD wanted to become a DA, he/she would have gone to work for the district attorney's office. The vast majority of public deffenders are liberal at heart individuals who feel everyone is good and they want to provide a reasonable defense for their clients. You have no idea what you are talking about...

The police agency who arrested your brother may have "released" him on the open charges in order to work on the open case. I've done it many times as an investigating officer.

The only paperwork an arresting officer needs to take a suspect out of the hospital is that department's paperwork. It doesn't work exactly like an emergency room walk in for a non-arestee.

Have your brother contact the DA's office to determine the state of his case. He can also contact the station where he was arrested for any open case information.

[TheExpertish]

That is one of the STUPIDEST statements I have seen on this site. If a PD wanted to become a DA, he/she would have gone to work for the district attorney's office. The vast majority of public deffenders are liberal at heart individuals who feel everyone is good and they want to provide a reasonable defense for their clients. You have no idea what you are talking about...

Whether you feel it's accurate or not I see public defenders as a mall cop trying to be otherwise. If your *** was in a bind would you want to trust your freedom to one? I would not. Although some defenders I agree are a bleeding heart liberal, I know of very few who are interested in defending someone in a full blown trial. Their name of the game is usually "plead out", guilty or not. They are in fact paid by the state.

[Tripper]

Public Defenders Also work on a case to promote type of thing
in order to move up in their perspective scale, they have to work x number of y type cases, and winning those raises the score, then when they get the next level, the then have to work x number of z type cases, same thing, winning, raises the promotion points score, if they are running against others in a promotion for a single opening, the higher score trumps. So it is in their own best interest to win the case.

DA is the same way, winning a 'case' is a win, even if it was a 187 negotiated down to a 242 Misdo, its still a 'win'

Public Defender, is sort of the same way, a 187 negotiated down to a 242 is a win for them also, as it was not a convicted 187, which is a loss

[Tripper]

oh, my bad, me = NOT LEO

Talk to the DA, see what the status of the fresh charge is.
for the condition you've implied, they are not likely to let that go, they probably wait for all the test results to return, so they can slam real hard. I am still surprised they didnt get it taken care of prior to him getting out though.

DUI goes sort of like this
1 = 5 days
2 = 60 days'ish, i think it was 30, and recently started being 60
3 = 180 days
4 = felony
any with injury is typically felony charged

I see what you meant by evasion now.

for what its worth, in my opinion, i think Public Defenders work hard at what they do and try to get the best for the client, even when guilty, they work very hard to mitigate the damages.

I think DA's (well, i should probably stop here)lol
i guess I could go as far as to say, i think they make too many deals, implying they try not to work hard, as they would have to in order to convict on initial charges.

[Ron-Solo]

Sounds like your brother needs a good lawyer and that's who can provide the best answers. DO NOT trust a public defender if you can afford otherwise. Remember, public defenders are paid by the state and are usually aspiring deputy DA's. I don't think you're going to get many clear answers here.

Sorry friend, got to agree with EMvampire on this one. I spent 32 years with the largest Sheriff's Department in the country, and spent countless hours in court, and supervised bailiffs for several years, where I interacted with Deputy Public Defenders on a daily basis. I never met one who wanted to be a Deputy District Attornery. They believe their clients are not guilty and do everything they can to get them the best deal.

You missed your target on this one. They don't want to be prosecutors, they want to get some experience so they can go into private practice and make
money.

For what it is worth, the LA County Public Defender's Office has some outstanding attorneys working for them, they just have too high of a case load.

[BigDogatPlay]

They don't want to be prosecutors, they want to get some experience so they can go into private practice and make
money.

+1 for the Public Defenders I've encountered here in NorCal as well.

For the OP... nix having your brother call the DA. He needs to get counsel, now. He should either go hire an attorney, if he can afford one or request counsel be appointed when he next has to appear.

[TheExpertish]

Sorry friend, got to agree with EMvampire on this one. I spent 32 years with the largest Sheriff's Department in the country, and spent countless hours in court, and supervised bailiffs for several years, where I interacted with Deputy Public Defenders on a daily basis. I never met one who wanted to be a Deputy District Attornery. They believe their clients are not guilty and do everything they can to get them the best deal.

You missed your target on this one. They don't want to be prosecutors, they want to get some experience so they can go into private practice and make
money.

For what it is worth, the LA County Public Defender's Office has some outstanding attorneys working for them, they just have too high of a case load.

I'm willing to concede that given my experience is not as vast as yours. Sorry if I came over the top in generalizing too broadly. My opinion stands that I personally would not want a public defender if I could afford otherwise. Granted LA County has a high case load and no doubt very experienced. I guess just back to the point in answering this guys question is his brother needs to contact an attorney.

[evil tyler durden]

Ok everyone so here's a fact from my own personal experiences spoken to me by a public "pretender". I was told awhile back on a traffic violation I had that to the pub. def. it didn't matter what I pled or how long he stuck around to fight, he didn't care becauase he still gets paid regardless of the outcome. He preferred a lengthy case becauase he got paid more.


Now as for my brother he spoke to an attorney today who specializes in both DUI and Felony cases. They stated since no one was injured in the case that it not possible to charge him with a Felony on the matter at hand. My brother sent over paperwork to which the attorney is looking over, and will provide answers to. The attorneys office also checked the system and the results came back with nothing on this specific issue, only my brothers warrants which he took care of.