how long can they hold him

[lab4]

My husband was picked up in L.A for a felony probation violation and was told that S.B county has him on a no release bond. S.B County said they would come pick him but that was 6 days ago and they still have'nt went to get him. He hasnt seen a judge or anything. How long can they hold him without seeing a judge, before his due process rights are violated. How long can S.B County leave him down there?

 

[CdwJava]

Are we talking about Los Angeles and Santa Barbara Counties here? In California?

- Carl

 

[lab4]

NO San Bernadino but yes both in california

 

[CdwJava]

If he was arrested on an out of county warrant, then he was asked if he wanted to waive an extradition hearing or see a judge in Los Angeles. Apparently he opted (likely in writing) to waive the hearing before a judge in Los Angeles. At that point, San Bernardino will have ten days (I believe) to arrange for extradition, and I believe they have up to 30 days to actually make the pickup. No, I am not firm on those dates as I no longer work for a sheriff's department that dealt with these matters, but I believe the days are similar.

He is certainly free to consult an attorney should he wish. But, no matter what happens, the warrant from San Bernardino will not go away until he deals with it.



- Carl

 

[lab4]

he plans to deal with it but they say S.B County is comming to get him, so 10 days is that business days or days of the week?

 

[CdwJava]

It should be business days.

- Carl

 

[lab4]

thank you so much for your help.