Q: Can you tell me how long Elkhart indiana can hold my fiancé in jail with no probable cause for another county?
My fiancé was arrested in Elkhart Indiana for a warrant for cass county Michigan. He’s been in there for a week now without hearing anything. Hasn’t signed any papers or has not gone in front a judge. I feel like I’m getting the run around cuz nobody will tell me anything.
A:
He probably has a hold and is pending extradition proceedings. If he waives, Indiana would give Michigan just a reasonable amount of time to come get him. If he fights extradition, he will be arraigned in Indiana where a bond will be set pending the extradition hearing process.
In most cases, it doesn't make sense fighting extradition as it simply prolongs the inevitable; but there are circumstances where he may want to challenge it. If it is legitimately him that is wanted by Cass county - regardless of his potential guilt or innocence on the underlying charge, he will be extradited whether he goes now by waiving or sits some weeks to have a hearing for a judge to order it. The best use of your resources as a friend or family member is to engage an attorney to start dealing with the Cass county case.
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