US legal/criminal/jail system question, urgent

Rukas

Capo Dei Capi
Staff member
#1
I have a friend who shall remain nameless who got locked up over a month ago and according to him, he still doesnt know how long he will be there for. He hasn’t received a sentence.

Now maybe he just doesnt want us to know, but it seems odd to me, that he'd be locked in jail, general population, and not know how long he has. That means he hasnt been sentenced, which means he hasnt had a trial, how is that legal? To me thats some terrorist shit, Patriot Act type crazy shit.

He was on probation previously, then he was involved in a car accident, someone hit him, and he got out and got in a fight with the driver. A warrant was issued and he turned himself in. They locked him up and that was over a month ago. We speak to him on the phone and he's alright, but he doesnt know how long he will have to be in there.

It just seems like something weird is going on; is this normal?
 
#4
actually that happened to one of my friends also...he turned himself in after a warrant was put out for his arrest...and about two months after he turned himself in he called me and i asked him how much time they gave him...and he told me that he didn't know and i believed him cause there was no reason for him to keep something like that from me...if he knew i'm prety sure that he would've told me.

Sometimes the court system is so backed up that it takes a long time for them to get to your case but if he hasn't been convicted and sentenced yet he should be able to post bail if he has the money.
 
#7
Need more detials. Also if he is convicted in court the days/months he spends in jails will go into his sentence meaning if he is sent to jail for 6 months and he was in jail for 2 months then he will only have to serve 4 motnhs.

But nobody here in the states cannot be jailed no longer than 72 hours without a charge. If there is no charge then they have to release them unless they suspect him of a national threat i.e. terrorist. Rukas he aint telling you something, he has to have a preliminary hearing.
 
#10
I dont know about the US systems but here in Denmark the police have 24 hours, and if the arrest needs to be extended a judge has to acknowledge it.
 
#11
Minardi said:
I dont know about the US systems but here in Denmark the police have 24 hours, and if the arrest needs to be extended a judge has to acknowledge it.
48 hours here but it's roughly the same principal around the world.
 
#13
The most they can hold you is 3 days, and thats only if you get arrested on a friday. They can stall the hearing but thats only if the courts backed up or he is causing trouble but that would never last that long. Something has to be up.
 
#15
If he was previously on probation, they could be holding him on a probation violation charge until he comes to trial for this incident. It sounds to me like they got him for violating the terms of his probation and probably won't let him out until his trial or they may even hold him there until his probation was supposed to be over. If they get you for violating, they can make you serve out the rest of the probation time in jail. Will they give you any info if you call them yourself? Cause here you can call the jail and ask what a person is being held for and they'll usually tell you. You may wanna try that and see what they say.
 

AmerikazMost

Well-Known Member
#16
Rukas, have they pressed charges againt him? If they haven't, tell him to request a public defender and have the lawyer get him released.

Can he not post bail because he can't afford it or has it not been set? Has a hearing been held for bail to be set?


If he ahsn't been charged, or he has and bail hasn't been set, tell him to demand a public defender. He can't be denied that right. If he is denied it, I recommend relaying contact information for the American Civil Liberties Union.
 

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