How long does a judge have to sign probable cause declaration to keep suspect in custody in CA?

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  • John S
    Lv 7
    7 years ago
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    The United States Supreme Court held in County of Riverside v. v. McLaughlin (1991) 500 U.S. 44, that a person arrested without a warrant is entitled to a judicial determination of probable cause within 48 hours, including weekends and holidays.

    Note that this requirement is NOT satisfied by a preliminary hearing conducted within 10 court days.

    Source(s): 35+ years as a criminal defense attorney
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  • Anonymous
    7 years ago

    The defendant has a right to a preliminary hearing within 10 days of arraignment. The preliminary hearing is a hearing where the prosecution must show to the judge sufficient evidence to support a conviction. If the prosecutor does not show this to the judge then the judge will dismiss the case. A defendant has a right to a continuous hearing which is completed in one day. Often times the defendant waives these rights (especially when the defendant is out of custody). If the judge does not "hold the defendant to answer" within the 10 days the case must be dismissed.

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