QUESTION
I was held 10 days before I was arraigned on a DUI, is that legal?
Asked on Jun 03rd, 2013 on DUI/DWI - California
5 ANSWERS
Michael J. Breczinski
Not usually. In Michigan you have to be arraigned within 72 hours or released.
Answered on Jun 06th, 2013 at 9:16 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Probably not, the statutory period to be held before being brought before a Magistrate is 48 hours not including weekends and/or holidays. You may have been help under some other authority but you should definitely contact an attorney to discuss this issue and the underlying case, you may defenses that could get your case dismissed.
Answered on Jun 04th, 2013 at 12:01 PM
4 Awards
That does not sound legal. There used to a be a bright line 6 hour rule which Pennsylvania has done away with but there is no excuse for 10 days.
Answered on Jun 03rd, 2013 at 10:15 PM
Yes it is. You need to hire a DUI specialist, and do it before the DMV suspends your license by default.
Answered on Jun 03rd, 2013 at 10:14 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It depends on the facts of your case. If the court set a bond for you to get out of jail, you could be held until you posted bond. If you had prior convictions for DWI or other crimes, it would also be legal for you to be held until the court date. If you missed a court date and had a warrant issued, it would also be legal.
Answered on Jun 03rd, 2013 at 10:14 PM