In order for you to be arrested, the police need to have a probable cause. Basically, this means that the police have reason to believe you’ve committed the crime you’re being charged with. However, just because the police claim they have probable cause doesn’t make it automatic. You have the right to a probable cause determination within 48 hours of your arrest if there hasn’t been a warrant issued. When the hearing doesn’t occur your criminal defense attorney can spring into action.
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The first line of defense your attorney will take is to file a writ of habeas corpus. The Latin translation for this legal term is “you have the body.” In other words, “Where is the evidence?” Filing the writ can take time beyond that first 48 hours. While your criminal defense lawyer fills out the appropriate documents, they’ll begin making phone calls to challenge the arrested based on a lack of evidence. If successful, you could be released immediately upon the judge’s ruling.