Asked in Criminal Law for Alabama

Q: How long can a jail hold an inmate on an out of state warrent

They had him on a misdemeanor and found out Ms had a warrent on him so there holding him for them but I'm being told 10 different things about how long they can hold him before they have to release him since the judge released him on his charges he got here

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1 Lawyer Answer

A: This is kind of a weird area of criminal practice. Its not a question of law. Its a question of bureaucratic policy and procedure. The jail, which is run by the sheriff, will hold him and tell Mississippi they have him. They expect Mississippi to come and get him. If Mississippi doesn't come and get him, they will eventually let him go. When that happens is according to the whim and budget of the particular sheriff. Your best bet is to consult a competent local criminal defense attorney. He will know or can find out the policy and procedure usually followed in your particular jail. The less serious the charge is, the more likely it is that Mississippi will not bother to come and get him. I understand that this is an imprecise answer, but a precise answer is not possible without knowing the policy followed by the particular jail he's in. There's no overall law that applies in all cases that you can go and look up.

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