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Maximum time before arraignment?

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rhk0327

Junior Member
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.
 
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outonbail

Senior Member
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.
I don't believe Tony has to fill anything out unless he has gone to DMV and began the transfer of ownership. Usually the arresting agency is the one who issues the vehicle release form. I'm not sure what state your in, guessing California? You should contact whatever agency the officer who arrested Tony works for. CHP, Sheriff, Local police etc. They are the ones who impounded the vehicle and I believe are the only ones who can issue the release. Also, if Tony was driving without a license, expect the car to have a 30 day hold on it unless it wasn't his vehicle and he took it without the owners permission. Then the owner can get it released prior to the thirty days. If he was only driving without his license in his possession, then he may have to show it to them to get the release, although I imagine they can verify his license status themselves.

The vehicle release is not usually required to retrieve personal belongings from the vehicle, but the only person that is allowed to remove items from the vehicle is the owner and he/she must show a valid photo ID. (California drivers license or California identification card) So if the pink is in the glove box and the vehicle hasn't been transferd over to Tony, then you will most likely have to contact the party that Tony purchased the vehicle from and ask them to either help you get the car from impound, or sign another bill of sale with a statement of facts indicating the pink slip has been lost. This should be all DMV requires to begin the transfer of ownership into Tony's name or your name or whoever plans on getting the vehicle from impound.
Once the DMV begins the paperwork, that should be all you need to obtain a release for the vehicle.

Also note: the release can run in the $200.00 range, depending on the agency who impounded it. I believe you also need the Registration to be current on the vehicle and possibly proof of current insurance.
 

rhk0327

Junior Member
Thanks for your help.
California. He left his valid driver license at home.

Tony is still in jail and I do not know whats going on with him because I have not received phone calls. James and I want to get the vehicle released A.S.A.P to minimize impound lot fees.

Regarding the vehicle transfer, hasn't the vehicle already technically be in Tony's ownership (the pink slip was signed over to him) even though he hasn't registered it yet? We don't want to transfer ownership of the vehicle (unless that’s the easiest way, we just want to get it out of the impound lot) Are you sure he doesn't have to sign off the car to us with a vehicle release form? I would think he would have to agree to it to prevent just anybody from taking it.


Other than getting Tony out, the property in the vehicle is not our main concern as much as is getting the vehicle released.

Thanks again.
 

outonbail

Senior Member
Well, it depends on if Tony went to DMV and began the transfer of title. If he did, then he will probably have to sign over a bill of sale or possibly a power of attorney. Also may depend on weather the seller Tony purchased the vehicle from mailed in a release of liability or not.

However, even if the seller did mail in the release of liability, Tony can sell it to you without ever having transfered it into his name. This is why I'm suggesting that, if your getting the run around from the jail, which can certainly happen (they don't like being messenger boys for the inmates) your path of least resistance may be to contact the original seller and explain the situation and see if they will either help you retrieve the vehicle (since it may still be in the DMV computer under their name) or have them make out a bill of sale and statement of facts explaining that the pink is lost or unaccessable. You may have him make the paperwork out to two names, like Tony or RNK, this way his name still appears but you can get it released without his signature. If it is sold to RNK "and" Tony, then both of your signatures will be necessary.

But remember, you will have to go to the DMV and start the transfer of ownership (pay sales tax and any due registration) The agency that towed the vehicle will require DMV paperwork showing you have an interest in the vehicle as either the lien holder or the legal owner. Then they will need your identification to verify that it matches so they can be sure they are releasing it to the legal owner.

If Tony was driving the vehicle without insurance and received a citation for that offense, the agency that impounded the vehicle may also require proof of insurance before they will release the vehicle as well as the above.

Once you have your name on the paperwork and the release and photo identification, the tow company will gladly take your money for the towing and storage charges. They may also tack on charges for filing the lien if they have done so already.
 

garrula lingua

Senior Member
If Tony is in the medical ward, that is "good cause" to delay the arraignment and plea. His is a "medical miss-out" for court; he will probably be continued each day, on the court calendar for his arraignment, until he is well enough to go to court.
 

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