DA says Due To Budget, He Will Not Prosecute Most Misdemeanors, But Cops Can Still JAIL PEOPLE With No Charges!
Since this announcement, Gallegos' office has prosecuted many non-violent misdemeanors. And the 48 hour law (CA Penal Code 825) is not supposed to allow "law enforcement" to jail someone for 48 hours with no expectations of charges. It is required that an arrested person, in jail, is brought in front of a judge or magistrate AS SOON AS POSSIBLE to be charged with the crime for which they are locked up. It is not a given that someone must be in jail for 48 hours (or more, with holidays and weekends) if the DA KNOWS he will not be charging! ~Redwood Curtain CopWatch
Misdemeanor prosecutions may fall prey to budget ax
DA warns law enforcement funding may prevent filing of most non-felony cases
Thadeus Greenson THE TIMES-STANDARD May 31, 2012
Humboldt County District Attorney Paul Gallegos is warning local law enforcement officials that his office may be unable to prosecute most misdemeanor offenses if his budget doesn’t increase with the coming fiscal year.