Can I sue for being held 7 days without an arraignment?
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Can I sue for being held 7 days without an arraignment?
I was arrested for a DUI on 2/11/10 and arraigned a week latter on 2/18/10. I am seeking a criminal defense lawyer to sue the county of Los Angeles California for holding me in custody for over72 hours without an arraignment. Due to holidays and furlough days they held me 7 days in a city jail without legal representation. I was never given documentation explaining my charges. While in custody I was transferred to the county jail after 7 days in the city jail. I fought the case with a public defender for 65 days after which he suggested I plead guilty without signing a plea agreement in open court forum. I would like to sue to prevent this from taking place in the future.
Asked on July 17, 2010 under Criminal Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am sorry for your troubles. It is true that every state has a criminal procedure code that requires that a party is arraigned within a certain period of time and is assigned legal counsel if they can not afford an attorney on their own. That is a right given us all under the Sixth Amendment to the Constitution. But each states laws codes differ and it is best to seek consultation with an attorney in your area as to the alleged violation of your rights. Be aware that sometimes you can get caught in "the system" for an extended period of time due to holidays and weekends and arraignment schedules. Why you were held 7 days without seeing an attorney is unclear. Get help in your area.
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