Here's what I understand to be the issue: your husband was incarcerated and scheduled to be released on August 26, but was kept in custody past that date, during which time the prosecution gathered evidence to substantiate grand theft auto charges. You believe law enforcement improperly delayed his release so they could keep searching for evidence since they had none at the time of arrest. Without further information, it is impossible to know whether any violation was actually committed. The first thing to understand is that grand theft auto charges can be properly brought without the victim complaining or reporting the theft. It is also important to understand that collection of evidence is an ongoing procedure. The police may have had probable cause to arrest your husband, but needed to continue investigating the case to present the prosecution with enough evidence to convict him. Finally, there may have been other reasons for delaying your husband's release. Without further information, it is impossible to determine that the delay in his release was related to law enforcement's lack of evidence. However, if it can be shown that the delay in your husband's release was improper and in violation of his due process rights, any evidence collected after his release date could potentially be excluded based on a defense motion to suppress. These cases are incredibly difficult to prove. The 4th Amendment to the Constitution guarantees that no person shall be deprived their liberty without due process of the law. In order for an attorney to reasonably determine whether a 4th Amendment violation occurred, which would cause the evidence gathered after the release date to be excluded, you would need to provide additional information about the case. David Baker (619) 235-0010 contact@bakerdefenselaw.com

I am unclear about your question. Was a case filed? Did this happen in August? What year? Does he have an attorney? What is the status of the case? What was the result? Larry wolf. Lw@youareinnocent.com. 310 277 1707