When arrested on suspicion of committing a crime in California, some of the first questions you’ll want to ask is “How long can police hold you without charges in California?” and “How long can you be held for questioning?”
Here at Mr. Nice Guy Bail Bonds, our experts can help you post bail to secure the quickest release from custody. In the meantime, here’s all you need to know about how long you can be held without charges in California as well as your rights during police questioning.
How long can police hold you without charges in California?
In the State of California, law enforcement teams are permitted to detain individuals suspected of both felonies and misdemeanors as per the “Terry Stop” ruling. Likewise, police officers can conduct a traffic stop search, which could potentially lead to being called in for questioning.
If a law enforcement team does detain you, Californian State PC 825 stipulates that a judge must determine whether the defendant will be charged or released within 48 hours (72 in extreme circumstances like bank holidays) of the booking.
Should police enforcement teams hold you for longer than 48/72 hours, calling an attorney is advised as it may be possible to raise a constitutional claim against the law enforcers.
What are your rights during police questioning?
When questioned by law enforcement teams in the State of California, cooperating with them is advised. However, you should also be aware of your rights and be eager to use them. The key considerations are;
You may film law enforcers for evidence of excessive force but must make them aware of this first.
While law enforcers can question you, they must not detain you without a reasonable cause.
As per the Fourth Amendment, law enforcers must also refrain from detaining you for an excessive amount of time.
Law enforcement officers must not use excessive force during the search, questioning, or detainment.
What happens if you are charged?
Should the law enforcement team officially charge you for a suspected crime, a bail hearing will be used to determine whether you are eligible for bail. Most defendants will be eligible for bail unless they are deemed to be a flight risk or a risk to the public.
However, bail amounts are often set to $50,000 or more. If you cannot afford this, a licensed bail bondsman can pay the bail amount on your behalf in return for a non-refundable fee (known as a premium) equivalent to 10% of the total bail fee. This can be paid via flexible 0% interest payment plans while many candidates are eligible for discounts.
Alternatively, if you do not post bail, you’ll need to ask “How long can you be held in jail without a trial?” Under the State of California’s right to speedy trial regulations, defendants held in custody have the right to have a trial within 30 days for misdemeanors or 60 days for felonies.
The final word on being held without charges
So, how long can you be detained in California? Ultimately, law enforcement may hold you for up to 48 hours without officially charging you or up to 60 days (30 for a misdemeanor) if they do charge you.
While it can be a daunting prospect, the support of an experienced bail bondsman can help you secure a quick release from jail and ensure that your rights are maintained. To learn more about posting bail on behalf of yourself or a loved one, contact one of our agents now.
