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California Penal Code Section 825

Legal Research Home > California Laws > Penal Code > California Penal Code Section 825

825.  (a) (1) Except as provided in paragraph (2), the defendant
shall in all cases be taken before the magistrate without unnecessary
delay, and, in any event, within 48 hours after his or her arrest,
excluding Sundays and holidays.
   (2) When the 48 hours prescribed by paragraph (1) expire at a time
when the court in which the magistrate is sitting is not in session,
that time shall be extended to include the duration of the next
court session on the judicial day immediately following. If the
48-hour period expires at a time when the court in which the
magistrate is sitting is in session, the arraignment may take place
at any time during that session. However, when the defendant's arrest
occurs on a Wednesday after the conclusion of the day's court
session, and if the Wednesday is not a court holiday, the defendant
shall be taken before the magistrate not later than the following
Friday, if the Friday is not a court holiday.
   (b) After the arrest, any attorney at law entitled to practice in
the courts of record of California, may, at the request of the
prisoner or any relative of the prisoner, visit the prisoner. Any
officer having charge of the prisoner who willfully refuses or
neglects to allow that attorney to visit a prisoner is guilty of a
misdemeanor. Any officer having a prisoner in charge, who refuses to
allow the attorney to visit the prisoner when proper application is
made, shall forfeit and pay to the party aggrieved the sum of five
hundred dollars ($500), to be recovered by action in any court of
competent jurisdiction.

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Last modified: March 17, 2014