My question involves criminal law for the state of: New Mexico how long can they keep you incarcerated without a court date while on a probation violation hold
My question involves criminal law for the state of: New Mexico how long can they keep you incarcerated without a court date while on a probation violation hold
Once it is reported to the court that issued the warrant that the defendant is in custody, the court will schedule a hearing.
What are the facts?
That's the problem my nephew's been in there for over a year and still no court date is has been set what can I do to help him in this matter
It's been over a year that he's been sitting in there and no court date has been set facts are he was set up by his own mother and has no knowledge of what's going on or why he's even in there and he doesn't have a probation hold but the judge won't grant him a bond
You can help your nephew retain an attorney, that's about it.
Does this have anything at all to do with your other thread about a murder investigation?
Honestly no it doesn't this is a whole different situation and matter.. I need to know what to do about him sitting in there for almost a year and still no court date
You can hire an attorney for him. That's about it.
If he has been incarcerated for a year, he will have been charged and he will have had court proceedings. He has either been resentenced on the underlying charge, or he is being held pending trial on new, serious felony charge.
Then he must know what the charge is, as otherwise he would not know that he had been set up for the charges.Quoting Morena
You just told us that he knows why he is there -- his mother committed a crime and "set him up" to look like the guilty party.Quoting Morena
You initially stated that he does have a probation hold.Quoting Morena
If he is being held without bond pending trial, that suggests that he is facing a very serious felony charge. If he believes that it is unreasonable for the judge to deny bond, he can speak to his lawyer about petitioning the court to allow for a bond -- but in cases in which bond is denied, even if the judge allows a bond it is likely to be a very high bond.
He can also talk to his lawyer about exercising his speedy trial rights, although it's not always to the defendant's advantage to press for a quick trial.