Chicago, IL asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia

Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the warrant for his arrest was never issued and signed until 01/04/2022 . On the day of incarceration he was handled roughly by prison staff, causing his head to be slammed against the prison cell door, resulting in him having to be taken to a hospital... He was throwing up blood for 3 hours before medical attention was given. His "co defendants" have also gone on record stating they do not nor have ever known him and that he was not a part of said allegations against him.

1 Lawyer Answer
Morris  Margulis
Morris Margulis
  • Criminal Law Lawyer
  • Duluth, GA
  • Licensed in Georgia

A: He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

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