An out-of-county arrest can be a shocking and devastating experience. One of the numerous questions you and your loved ones might have is how long a jail can hold you on a warrant from another county in California? Unless you have previous experience navigating the criminal justice system, knowing the exact timing can be challenging.
Understanding How Out-of-Country Arrests Work
Police should make arrests in their jurisdiction. However, there are exceptions, including the following:
- The police officers have an arrest warrant from the judge
- You are fleeing the county where you committed the crime
- The police officers made arrests outside their jurisdiction.
When a judge issues an arrest warrant for your arrest, the police can detain you in a jail in their jurisdiction. They will later book you in your arresting county.
Police can determine whether an arrest warrant exists against you by searching the relevant databases and entering your driver's license information or ID. Alternatively, if law enforcement officials are aware of your whereabouts in another jurisdiction, they can contact the authorities in that jurisdiction for assistance.
How Long Can a Jail Hold You on a Warrant from Another County in California without a Bail Warrant?
When police arrest you without a bail warrant, you are not entitled to any bail hearing in your arresting county. The police can transport you immediately to the California county where you committed the crime. If local officers arrest you, they should notify the police in the prosecuting county (which issued the arrest warrant). The law enforcers should pick you up within the following timeframes:
- Five (5) days if these counties are below four hundred miles away
- Five (5) business days if these counties are at least four hundred miles away
It applies to both misdemeanors and felonies. However, for a misdemeanor, the judge in the arresting jurisdiction can set your bail amount if the judge in the prosecuting county had not set one.
Your arraignment should happen within forty-eight hours of your arrest. While courts are flexible when out-of-county arrests occur, police should try to adhere to the two-day timeframe. If there is a delay of more than two days, law enforcement should arraign you in the arresting county. They achieve this by having the prosecutor who filed the criminal charges send the complaint to the court, which will hold your arraignment.
How Long Can a Jail Hold You on a Warrant from Another County in California with Set Bail?
If a judge had set bail on your warrant, you are entitled to attend court in the arresting jurisdiction to either seek a bail amount reduction or post bail. While the judge in the arresting jurisdiction might not understand bail better, the arresting police officer should give you a notice of your right to bail without unnecessary delay. Next, the police will ask if you will waive the right. If you do, the police should transfer you immediately. So, how long can a jail hold you on a warrant from another county in California if there is a delay? It should not be more than five days.
If you invoke your right to a bail hearing, police should take you before the judge in your arresting county. If you cannot post bail, the police should transport you to the county prosecuting your case. If you post bail and are released, you should make a court appearance within twenty-five days of your arrest.
If your alleged crime is a serious felony, and you request the court for an own recognizance release or a bail reduction, the judge will schedule your bail hearing and give the prosecutor a two-day written notice in advance.
How Long Can a Jail Hold You on a Warrant from Another County in California When Facing a Warrantless Detention?
If police arrest you outside the county without a warrant, they must immediately transport you to the location where you committed the crime. In short, you cannot attend a bail hearing in your arresting county.
Are There Other Issues That Affect How Long Can a Jail Hold You on a Warrant from Another County in California?
These issues include the following:
- Transporting proof — Law enforcement from the prosecuting county could take any evidence the police acquired from you, your car, or your personal possessions if the police seized it, regardless of whether with an arrest warrant or without it. If the police seize evidence under a warrant issued in the arresting county, the officers should only take the evidence after the judge orders its release to them.
- You have pending charges in the jurisdiction that arrested you — If you are prosecuted for an offense in your arresting county and have been detained for that offense, you are not entitled to an arraignment on that criminal case until your legal matter in the arresting county has been closed. It is because you will remain detained, irrespective of what may occur, if you are arraigned in the criminal case. It is a practical approach since closing your out-of-county arrest first would then leave the police with the need to take you to the jurisdiction of your initial arrest.
- Booking issues — The law does not outline under what circumstances or when the police should book you. Therefore, there is no need to book you in the arresting county unless the police temporarily detain you in the local jail or require your booking as a matter of policy.
Find a Compassionate Bail Bondsman Near Me
As a California resident, when facing an out-of-county detention, you need bail to secure your pretrial release. Nevertheless, posting bail for out-of-county arrests can be more complicated, as different counties have varying rules.
Mr. Nice Guy Bail Bonds can help you answer the question "How long can a jail hold you on a warrant from another county in California?" by offering you affordable and fast bail bond services. That way, you can pay attention to meeting obligations imposed by the judge who issued the warrant. We can also guide you through the process. Please call us at 844-400-2245 to schedule your consultation.
