Ask us it legal to be held without being charged with a crime

Asked on
Saturday, Aug 04, 2012

someone went and stold a vehicle and then turned around and went to the police station and said my nephew was involved and his mother said she got up at 330 am and went upstairs and got a pack of cigarettes and checked her sons room only to find him sleeping in his bed and later this morning they came to the house and picked him up and now they are telling her she cant see him or talk to him and he has not been charged with anything as of yet and they will hold him till monday or tuesday tikk they can figure out what is what


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Aug 06, 2012

In San Diego County, criminal defendants who are in custody must be arraigned within 3 court days of their arrest if they are not able to post bail. Your family should contact a local criminal defense attorney to make sure things are done correctly, and that your nephew's rights are protected. Best of luck! Stefano L. Molea, Esq.* Molea Law: Criminal Defense 760.383.1766 *This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of California. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.