My friend is currently in jail for murder.. he was arrested on a thursday and did not go to court until the following monday. there were no holidays between those two dates. Is that not a violation of the penal code 825? Can his charges be dismissed and not allowed to be refiled?
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I do not believe your friend's rights were violated. 825 provides for time if the court is not in session and although the 48 hour deadline probably occurred on Saturday the deadline was extended to the following Monday.
Even if the deadline was a violation the charges would simply be re-filed and he would be arrested before he walked out of the court room. Good try. I suggest you and your friend start looking for an attorney to help with the merits of the case. Good luck
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If he got arrested after 5:00 on Thursday, his day for court would have been Monday. 825 has the built-in provision for weekends and other times when court is not in session.
He can discuss this with his attorney to verify the time of booking and when his time truly expired, but even if there was a violation, it would not result in a dismissal without the possibility of refiling. It could (potentially) force a dismissal, but the DA could refile under Penal Code.
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Do not count holdiays or weekends in computing court dates.
If they were dismissed, they would and can be refiled. They don't let murderers go easily.
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