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When Your Initial Appearance is Delayed

Initial Appearance in CourtWhat happens if you get arrested, but the authorities don’t provide you with a prompt initial appearance in court? Your rights may have been violated, and a Sacramento criminal defense lawyer can help you set things right.

The “Probable Cause” Requirement

Arrests always require that the police have “probable cause.” If an arrest warrant was issued, probable cause was determined then, but if there was no warrant you’re entitled to a prompt determination of probable cause at your arraignment, or initial appearance—usually within a day or two of the arrest unless the authorities have a good reason for the delay.

How Delays Hurt

If you aren’t guilty of the crime for which you were arrested, the harm from the delay is obvious. Less obvious ways that delay can harm you include: delaying your release on bail, giving the police and prosecutors additional time to interview and investigate, and, unless you request representation by a Sacramento criminal defense lawyer, giving the police additional time to work on extracting incriminating evidence from you.

How a Sacramento Criminal Defense Lawyer Can Help

Unjustified delays in your initial appearance can be used on your behalf in a number of ways by a Sacramento criminal defense lawyer:

Efforts to speed up initial appearance; your Sacramento criminal defense lawyer can contact the various levels of the chain of command, from the arresting officer to a judge pointing out the injustice and/or threatening to file a lawsuit for violation of your civil right

  • Filing a writ of habeas corpus to get you released
  • Evidence supporting your release on bail; the unjustified delay may be brought up by your Sacramento criminal defense lawyer as a reason that you should be released on bail
  • Suppression of confessions and other statements made during the unjustified delay
  • Filing a lawsuit for violation of your civil rights; this is usually the last resort, but a suit against the police and prosecutor’s office offers the possibility of both damages and an award of your attorney’s fees

The sooner an unjustified delay is addressed, the better. Talk to a Sacramento criminal defense lawyer at the Law Office of Param Pabla; call (916) 285-7900.

Client Reviews
“Mr. Pabla represented me with my DUI case. He has excellent communication skills and always kept me informed. Mr. Pabla made sure I understood the process and my rights. He eased my mind through a very stressful situation. I highly recommend Mr. Pabla.” Gurpreet
“I am so happy with the service that I received from Param S. Pabla. Jarrett did a great job solving my legal issue and I can’t recommend him enough! He was able to do everything quickly, painlessly, and was ALWAYS available to talk when I needed him. If I ever need help again, I will definitely use him!" Boris
“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.
“My husband and I needed to update everything -family trust, will, medical stuff. Param was really patient -answering all my questions -even when I asked them twice. He wanted to be sure I understood everything we were doing. All docs were sent to us so we could go through them on our own time before anything was finalized. I also liked when we were looking at medical stuff that he had a conversation with me about what I wanted and pointed out some things I didn’t think of.” Debbie