Does a defendant have to be released from custody if they are charged with assault under section 1384 of the California Penal Code?
California, United States of America
The following excerpt is from Lopez v. City of Oxnard, 207 Cal.App.3d 1, 254 Cal.Rptr. 556 (Cal. App. 1989):
[207 Cal.App.3d 12] Lopez' reliance on Penal Code section 1384 and the case of Sullivan v. County of Los Angeles, supra, 12 Cal.3d 710, 117 Cal.Rptr. 241, 527 P.2d 865, to support this theory is misplaced. Penal Code section 1384 states, in pertinent part: "If the judge or magistrate directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom...."
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