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  1. #1
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    Default Re: When is It Legal to Lock Up an Innocent Person for Protective Custody

    A person who can give evidence or testimony about the subject matter of a criminal case, with that evidence being sufficiently important to potentially change the outcome of the case, can potentially be detained as a "material witness" if there is sufficient cause to believe that the witness won't appear at trial as ordered by the court. That's a different issue than "protective custody".

  2. #2

    Default Re: When is It Legal to Lock Up an Innocent Person for Protective Custody

    Quote Quoting Mr. Knowitall
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    A person who can give evidence or testimony about the subject matter of a criminal case, with that evidence being sufficiently important to potentially change the outcome of the case, can potentially be detained as a "material witness" if there is sufficient cause to believe that the witness won't appear at trial as ordered by the court. That's a different issue than "protective custody".
    Sufficient cause to believe the witness won't appear in court means the person he's testifying against is dangerous, and therefore maybe the witness will be afraid, although the witness never said or done anything that indicates he might not appear in court, or

    The witness says he won't show up, or acted in a way that indicates he won't show up.

  3. #3
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    Default Re: When is It Legal to Lock Up an Innocent Person for Protective Custody

    Quote Quoting superior feline
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    Sufficient cause to believe the witness won't appear in court means the person he's testifying against is dangerous, and therefore maybe the witness will be afraid, although the witness never said or done anything that indicates he might not appear in court, or

    The witness says he won't show up, or acted in a way that indicates he won't show up.
    The witness may simply not want to testify against the person, they may not be afraid of them.

    Material witness warrants are very, very rare - I have only heard of one in my more than two decades on the job.

    Perhaps you'd care to discuss the specifics of your case and the state you are in? The details matter, and the state also matters as laws vary by state.

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