Knowing that the police suspect you of committing a crime can be a nerve-racking experience – particularly if you have been taken into custody but don’t know what you are being charged with yet. Most of the “cop shows” on television give the impression that when the police arrest you they tell you right then and there what you are being charged with, leading to additional concern and confusion in real life when someone is arrested and not told what the charges are. Understanding how long the state has to charge you if you are arrested may help.
Despite how it is often portrayed on television, the police do not decide what charges will be filed against an individual who has been taken into custody. The police officer who arrests you will write up a report and turn that in to the prosecuting attorney. The prosecuting attorney then decides what charges, if any, will be formally filed against you.
The Sixth Amendment to the U.S. Constitution guarantees you the right to a “speedy trial”. With regard to charging decisions, that right has generally been interpreted to mean that an individual who has actually been taken into custody must either be charged with an offense or released within 72 hours. In California, that right has been extended even farther to require a charging decision to be made within 48 hours of an arrest in most cases.
Under certain circumstances, the time you can be held without charges being filed can be extended. To do this, the prosecuting attorney must request the extension from a judge and must show good cause why the extension should be granted.
Keep in mind that if you are charged with a criminal offense during the required 48 hour time period those charges are not necessarily written in stone. The charges could be amended, dismissed, or added to in the future. The 48 hour time frame only protects you from being held longer without any charges being filed.
It is also important to understand that while you have a right to a charging decision within 48 hours in California if you have actually been arrested, the time frame for filing charges on someone who is out of custody is completely different. Then, the issue becomes the statute of limitations which is much longer, usually a year or more. Some crimes, such as murder, have no statute of limitations, meaning that you could be charged 50 years after the crime was committed.
If you have questions or concerns about how long the State of California has to charge you for a criminal offense in San Diego, consult with an experienced San Diego criminal defense attorney.
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