What to Do if Your Probable Cause Hearing is Delayed
If you are arrested without a warrant, the court has 48 hours to formally demonstrate probable cause.
If it takes longer, your attorney will take the following steps:
A Writ of Habeas Corpus
Your attorney’s first steps will be to make a series of phone calls to expedite your hearing and to file for a writ of habeas corpus ordering the court to immediately demonstrate cause.
Contact an experienced and knowledgeable lawyer at The Law Office of Wallin & Klarich today.
Federal Civil Rights Action
Depending on the details of your case, your attorney might also file a Federal civil rights action which will ensure that all of your rights are granted. Should it be found that your civil rights were violated, the court will have to pay your costs.
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Supression of Evidence
In the event you were unable to retain an attorney in time to file either a writ of habeas corpus or a Federal civil rights action, the delay might assist your defense. Your attorney can argue that statements or confessions obtained during the delay were illegally obtained and should be suppressed.
Support for Release on Bail
Illegally delayed hearings often strengthen arguments for bail.
Your attorney will use all of the details of your arrest in your defense, including illegal delays. If you have further questions or need legal advice contact ChrisBarnett attorney at law right away.