Maximum time before arraignment? Vehicle Released impound while owner imprisoned
California
My friend Tony was driving when he got pulled over and arrested last Sunday early morning at around 3:00 am (07/17/05). He had bought the car 5 days before and was pulled over for lack of registration. He did not have his driver license card on him (but does have valid one which was left at home). The officer asked if the car was stolen with a rude tone, which Tony denied and could prove with the pink slip in the glove compartment. His car was impounded. He supposedly had a warrant for his arrest for selling drugs. He was convicted for selling ecstasy three years ago and served time and community service and has not sold drugs since. The case was supposed to be closed. He attempt to explain this and the police officers said something along the lines of “if it’s a mistake, it’ll be cleared at the station.” He also was diagnosed with leukemia cancer earlier year. He was pulled over the previous month for not having registration (different car), and he told the officer he was about to sell it. I’m assuming that since officer didn’t arrest him, he performed a background check which pulled up no warrants.
He called his brother Monday 07/18 asking him to get the car out of the impound lot to minimize fees (read below). He called me Tuesday around 5pm and we were able to speak for exactly 10 minutes before an automated voice chimed in and cut off the call (he told me he was on some kind of lockdown because of being in the infirmary isolation ward [because of his cancer]) He is stuck in a room all day by himself on a hospital bed. He told me that processing took ten hours on Sunday so he slept the rest of the day. He also told me he didn’t know what was going on and none of the officials he had contact with told him much. It’s Wednesday late night and I’m hoping I could help me with information. Everything thing I know about him came from our short ten minute conversation and the conversations he had with his brother James (which were relayed to me)
Summary
07/17/05 Sunday (3am) - arrested
~10 hours of processing
07/18/05 Monday - called brother to get car out of impound lot (read below)
07/19/05 Tuesday - called me 5 pm, spoke for 10 minutes and cut off.
07/20/05 Wednesday – I or his brother James did not receive any phone calls
1. Aren’t they supposed to formally charge him in front of a judge within 72 hours of detainment or does it start after he’s processed? If this is true, hasn’t the jail violated this because 72 hours would have been by Wednesday 3am and he hadn’t been to court as of Tuesday, 5pm (the last time I spoke with him)
“You have a right to be arraigned without unnecessary delay — usually within two court days — after being arrested. At the arraignment, you will appear before a judge who will tell you officially of the charges against you.”
----Found this after the post, what is considered court days? What should I do if there is infact “unnecessary delay”?
2. Since, the last time I spoke with him, he hadn’t been arraigned (and therefore not had the chance to receive a public defender). Doesn’t he have the right to call the public defender office without the conversation being cut off after ten minutes?
3. What should I do?
We can’t hire a private lawyer at this point (especially if we think it’s a simple error) because his family, nor I have very much money. He can’t even pay his hospital bills and the impounded car was bought for less than $3,000.00. At this point I can’t even give him the number to the public defender office since I can’t go a hold of him without him calling me.
The impounded car – How can we get it out?
Tony’s brother James called the impound lot (Sunday) and was informed that he had to fill out a property/vehicle release form from the jail and return to the impound lot with it. Tony would also have to sign it meaning the officers would have to bring it to him. He went to jail and filled out the form. The officer told him it wouldn’t be done that day (Sunday). James went back Monday and he was rudely told “it takes 2-3 days” we’ll call you. James went back again, Tuesday, and this time they said “why do you keep coming, we’ll call you, it takes 10-15 days.” During this fiasco, James called the impound lot back and they told him it shouldn’t take that long. The impound lot told James that they had instructed a man earlier that day (tuesday) and he was able to come back the same day with the property release form signed and obtain the car.
1) James had a different clerk/officer Sunday, Monday, and Tuesday. How did they know he had kept coming back?
2) Do they have any kind of legal obligation to ever get the property/vehicle release form signed?
3) What can I or him do about it?
I looked up on my county’s website and this is some information I found about public defenders
“
Can I speak to a Public Defender before my arraignment (first court appearance)?
The Office of the Public Defender can provide general information regarding the court process. The specifics of your case will not usually be discussed until the Public Defender has been appointed.
Can I speak to a Public Defender before my arraignment (first court appearance)?
The Office of the Public Defender can provide general information regarding the court process. The specifics of your case will not usually be discussed until the Public Defender has been appointed.
Public Defender Main Office
120 West Mission Street
San Jose, CA 95110
Phone: (408) 299-7700
What should I do if I am arrested or I believe I am under suspicion in a police investigation?
Consultation with an attorney is always the most prudent step, therefore, you should contact the Public Defenders Office to sspeak with an attorney before you do or say anything else (even if charges have not yet been filed against you). Any consultation with an attorney from the Office of the Public Defender will be completely confidential. Telephone calls from any local jail are free and collect calls regarding matters pending in Santa Clara County will be accepted.
http://www.scvmed.org/content/0,4745,chid%3D123655%26ccid%3D87492,00.html
“
“
http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10581&id=2173#13
13. What happens at an arraignment?
You have a right to be arraigned without unnecessary delay — usually within two court days — after being arrested. At the arraignment, you will appear before a judge who will tell you officially of the charges against you. An attorney may be appointed for you if you can't afford one, and the bail can be raised or lowered depending on the circumstances of the case. You also can ask to be released on O.R., even if bail was previously set.
“
California
My friend Tony was driving when he got pulled over and arrested last Sunday early morning at around 3:00 am (07/17/05). He had bought the car 5 days before and was pulled over for lack of registration. He did not have his driver license card on him (but does have valid one which was left at home). The officer asked if the car was stolen with a rude tone, which Tony denied and could prove with the pink slip in the glove compartment. His car was impounded. He supposedly had a warrant for his arrest for selling drugs. He was convicted for selling ecstasy three years ago and served time and community service and has not sold drugs since. The case was supposed to be closed. He attempt to explain this and the police officers said something along the lines of “if it’s a mistake, it’ll be cleared at the station.” He also was diagnosed with leukemia cancer earlier year. He was pulled over the previous month for not having registration (different car), and he told the officer he was about to sell it. I’m assuming that since officer didn’t arrest him, he performed a background check which pulled up no warrants.
He called his brother Monday 07/18 asking him to get the car out of the impound lot to minimize fees (read below). He called me Tuesday around 5pm and we were able to speak for exactly 10 minutes before an automated voice chimed in and cut off the call (he told me he was on some kind of lockdown because of being in the infirmary isolation ward [because of his cancer]) He is stuck in a room all day by himself on a hospital bed. He told me that processing took ten hours on Sunday so he slept the rest of the day. He also told me he didn’t know what was going on and none of the officials he had contact with told him much. It’s Wednesday late night and I’m hoping I could help me with information. Everything thing I know about him came from our short ten minute conversation and the conversations he had with his brother James (which were relayed to me)
Summary
07/17/05 Sunday (3am) - arrested
~10 hours of processing
07/18/05 Monday - called brother to get car out of impound lot (read below)
07/19/05 Tuesday - called me 5 pm, spoke for 10 minutes and cut off.
07/20/05 Wednesday – I or his brother James did not receive any phone calls
1. Aren’t they supposed to formally charge him in front of a judge within 72 hours of detainment or does it start after he’s processed? If this is true, hasn’t the jail violated this because 72 hours would have been by Wednesday 3am and he hadn’t been to court as of Tuesday, 5pm (the last time I spoke with him)
“You have a right to be arraigned without unnecessary delay — usually within two court days — after being arrested. At the arraignment, you will appear before a judge who will tell you officially of the charges against you.”
----Found this after the post, what is considered court days? What should I do if there is infact “unnecessary delay”?
2. Since, the last time I spoke with him, he hadn’t been arraigned (and therefore not had the chance to receive a public defender). Doesn’t he have the right to call the public defender office without the conversation being cut off after ten minutes?
3. What should I do?
We can’t hire a private lawyer at this point (especially if we think it’s a simple error) because his family, nor I have very much money. He can’t even pay his hospital bills and the impounded car was bought for less than $3,000.00. At this point I can’t even give him the number to the public defender office since I can’t go a hold of him without him calling me.
The impounded car – How can we get it out?
Tony’s brother James called the impound lot (Sunday) and was informed that he had to fill out a property/vehicle release form from the jail and return to the impound lot with it. Tony would also have to sign it meaning the officers would have to bring it to him. He went to jail and filled out the form. The officer told him it wouldn’t be done that day (Sunday). James went back Monday and he was rudely told “it takes 2-3 days” we’ll call you. James went back again, Tuesday, and this time they said “why do you keep coming, we’ll call you, it takes 10-15 days.” During this fiasco, James called the impound lot back and they told him it shouldn’t take that long. The impound lot told James that they had instructed a man earlier that day (tuesday) and he was able to come back the same day with the property release form signed and obtain the car.
1) James had a different clerk/officer Sunday, Monday, and Tuesday. How did they know he had kept coming back?
2) Do they have any kind of legal obligation to ever get the property/vehicle release form signed?
3) What can I or him do about it?
I looked up on my county’s website and this is some information I found about public defenders
“
Can I speak to a Public Defender before my arraignment (first court appearance)?
The Office of the Public Defender can provide general information regarding the court process. The specifics of your case will not usually be discussed until the Public Defender has been appointed.
Can I speak to a Public Defender before my arraignment (first court appearance)?
The Office of the Public Defender can provide general information regarding the court process. The specifics of your case will not usually be discussed until the Public Defender has been appointed.
Public Defender Main Office
120 West Mission Street
San Jose, CA 95110
Phone: (408) 299-7700
What should I do if I am arrested or I believe I am under suspicion in a police investigation?
Consultation with an attorney is always the most prudent step, therefore, you should contact the Public Defenders Office to sspeak with an attorney before you do or say anything else (even if charges have not yet been filed against you). Any consultation with an attorney from the Office of the Public Defender will be completely confidential. Telephone calls from any local jail are free and collect calls regarding matters pending in Santa Clara County will be accepted.
http://www.scvmed.org/content/0,4745,chid%3D123655%26ccid%3D87492,00.html
“
“
http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10581&id=2173#13
13. What happens at an arraignment?
You have a right to be arraigned without unnecessary delay — usually within two court days — after being arrested. At the arraignment, you will appear before a judge who will tell you officially of the charges against you. An attorney may be appointed for you if you can't afford one, and the bail can be raised or lowered depending on the circumstances of the case. You also can ask to be released on O.R., even if bail was previously set.
“
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