My question involves criminal law for the state of: Wisconsin
How long can an inmate be held due to a hold from the US Marshals if they do not come to see the inmate? Is there a certain time restriction that the US Marshals have to act upon?
My question involves criminal law for the state of: Wisconsin
How long can an inmate be held due to a hold from the US Marshals if they do not come to see the inmate? Is there a certain time restriction that the US Marshals have to act upon?
Can you explain the background facts? If not, suggest to the inmate that he discuss the details with his lawyer.
Theoretically, they could hold the inmate indefinetly...but that is not likely. The rule of thumb is thirty days unless the agency can show why the inmate should be held longer.
Here is a brief background:
He was arrested for three charges that are "filed only" and not an open case. He has a hold from the US Marshals, for the reason which we believe, is to be questioned about a federal case. He has never been convicted for anything by the US Marshals. He was arrested on 9/2/2011, still has not seen a judge, and still has not been contacted by the feds. So, can they hold him as long as they want, or are there some laws that are being broken?
He was arrested by whom? Local authorities? For state charges that were "filed only" - as in, still under investigation with no actual charge filed? That doesn't make any sense. Is he being held as a material witness?
And federally there are charges pending, or is this a material witness issue in the federal jurisdiction?
He was arrested by the Neighborhood Task Force in Milwaukee, WI. I guess there was a complaint about people being too loud outside or something, and they came and searched everyone, and ended up taking only him. On CCAP (Wisconsin Circuit Court Access) it says three charges - carrying of a concealed weapon (which, they found in the yard next door where there were other people, and placed it on him), possession of a controlled substance (his own pain pills for his back, but were out of the pill bottle cuz he only keeps a couple on him, and then obstruction/resisting an officer.
Regarding the feds: The background is that this girl went to prison for selling drugs, and once she got in there she told on a bunch of people for several different things. She blamed the whole thing on the inmate we're talking about, saying it was all his drugs she was selling, but they never charged him for anything during the investigation into her. So, basically she's in prison and wants to get out and putting the whole thing on him. We don't know if there are charges pending, because they won't give any information to his lawyer.
What do you suggest I do?
YOU can not do much of anything. You have no or limited standing. Obviously there is more to this story. If he is on probation or parole, that agent can place a hold on him for just about any reason.
If he is an illegal immigrate, then ICE can place a hold on him, but if he is released, they have 48 hours to come and get him or he has to be released.
A federal agency can't put a hold on someone just because they are under investigation. There has to be a warrant, grand jury indictment or some official legal process. There has to be a legal detainer on file with the jail in order for the jail to keep him after bail is posted. If there is no legal detainer, then the jail would be violating his constitutional rights and the county could be sued for damages and a writ of habeas corpus would be filed in state court to force the jail to release him.
First, if he can't get the bail posted, then the hold hardly matters. If he gets the bail posted and the hold is keeping him in custody, then his attorney needs a file a writ of habeas corpus in federal court to force that federal agency to show up in federal court and a judge will determine if the hold is legal and how long it can be maintained. It would be a very limited period. Basicly the agency has to crap or get off the pot.
But unless he gets the bond posted and an attorney files a writ, they really don't have to do anything.
Why are you posting this in here. Is he currently on probation, parole or just being held on the topic you are inquiring about?
The number one rule of getting arrested: don't do it on a Friday (because unless you're in an jurisdiction with technologically advanced capabilities and the money to pay court personnel to work weekends, you're going to sit until Monday before ANY action begins on the case - wasted days just sitting in jail).
The number two rule of getting arrested: don't get arrested on the Friday of a national holiday weekend, like Labor Day, because this only adds MORE time to rule number one.
He should have already been arraigned on the LOCAL charges. But without knowing WHY the Marshall's Service wants to talk to him, anything we come up with, from actual charges, to protective custody, would be speculation at best.