How long can they hold you in custody?

San Diego, California[COLOR=deeppink][font=times new roman][SIZE=3][i]Okay so here is my situation and question:<p>
My husband was arrested at noon on Thursday for domestic violence and was not even given a cell and processed completely until very late that night (which seems unreasonable), then today (Friday) at noon I went to the D.A.'s office to give a written victim's statement appealing the charges and admitting his innocence. The D.A.'s office told me to call back around 4pm to see if they had reviewed the case.
<p> I did so and they informed me that all charges against my hubby have been dropped and dismissed- however they told me that it being so late in the day on a Friday that they would have to hold him until Monday night in jail. I do not see how this is constitutional, how can they imprison a man who they have dismissed all charges against (which had to be done within 48 hours according to CA state law)?
<p>I cannot seem to find anything dealing with this topic- how long can they legally hold him after they have decided to not press charges? They told me that he will not have an arraignment or anything now, basically they are done with him- plus they refused to allow him to speak with an attorney until Monday afternoon. Is this all legal? If you have any legal advice on this matter, please email me!

Thanks!
Amber

[stephenk]

if the decision to dismiss his charges came after the courts closed today, then he will have to wait until Monday when he is brought to court and the charges dismissed. Maybe that will teach him from getting physical with you, right?

how mad is he going to be with you when he gets out??

Thanks for replying, he isnt mad at all- he knows that he needs help and this just scared him, especially since he is becoming a cop soon!

They made this decision before the courts closed, since they decided before 4pm and the courts didn't close til 5pm-

I don't know how they can keep him since they decided before closing- plus why would they keep him until Monday night, why not let him out 1st thing in the morning? Doesnt make sense to me. His court arraignment was scheduled at 1:30 on Monday but they told me that would be cancelled now-

any ideas???

This guy is going to be a cop soon?! Oh man! I hope this arrest thwarts that employment ambition before he can start venting his marital rage on the citizens of San Diego!

Well he didnt really do anything wrong, not according to the law- which is why he has been dismissed. He's a good person and has served our country for over 5 years as is, he is worthy of respect and so forth- blah blah blah- j/k but seriously, he didn't do anything wrong which is why it is so important for me to figure out how long the jail can hold him without charges!

If he wasn't doing anything wrong, why did the cops get called and why was he hauled off to jail? The man obviously has a bad temper and even you said he needs to seek help in controlling it. I don't relish the idea of this jerk wearing a badge since I reside in San Diego.

Becoming a cop soon? He probably won't becoming a cop now. Why would you have reported him if he didn't abuse you and you knew he was a soon-to-be cop? This is either vindictiveness on your part -- or you're lying about the abuse. Both would be inexcusable. Stephank told you right about them holding him. He'll get out when the papers are processed.



hmmbrdzz