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  1. #1

    Exclamation Held In Jail While A Second Charge is Pending

    Ok my boyfriend is 18 yrs old and has no record.
    He was arrested for burglary of a building and had less than 2 oz of weed on him. So he's been in jail now for 3 months. He just had a hearing for the weed case but the burglary of a building charge hasn't even been filed yet. At this hearing he entered a jail plea. So basically the weed thing is over with but without the charge of burglary of a building being filed why is he still in jail? And is that violating habeas corpus?
    Texassss

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Habeas Corpus

    Quote Quoting Jessexica2285
    View Post
    Ok my boyfriend is 18 yrs old and has no record.
    He was arrested for burglary of a building and had less than 2 oz of weed on him. So he's been in jail now for 3 months. He just had a hearing for the weed case but the burglary of a building charge hasn't even been filed yet. At this hearing he entered a jail plea. So basically the weed thing is over with but without the charge of burglary of a building being filed why is he still in jail? And is that violating habeas corpus?
    Texassss

    If he was held that long he obviously could not post bail on whatever charges stemmed from the arrest. When he was intially arraigned, what were the charges read in open court??


    To assert the privilege of Habeas Corpus, such a Petition must first be filed with a court of subject matter jurisdiction. Most state appellate courts have "original" jurisdiction in HC matters along with a few other remedies at law, such as Mandamus. The police won't listen to any HC argument, valid or not.

    If he has defacto NOT been charged with Burglary at this point, he needs to retain an outside lawyer to assist him OR rely on his public defender.

    You can also on his behalf contact the appropriate prosecutorial agency and see what your voice can do do for him.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Held In Jail While A Second Charge is Pending

    We can only guess. If in fact no burglary charge has been filed, he is probably serving his sentence for his marijuana conviction. If the burglary charge has been filed, he probably hasn't posted bond. He presumably has a lawyer, so he should discuss his situation with his lawyer.

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