St Louis, MO asked in Civil Rights, Constitutional Law and Criminal Law for Missouri

Q: My fiance is in jail and I believe they are violating his constitutional rights and we need help PLEASE.

I don't think they read his miranda rights. Hes been in there for 7 days & I am jst gttng to tlk to him. thy said his public defndr can't get him out until at least 11 more days, but that is a maybe and his court date is set for an entire month from now and we can not afford a lawyer. What can I do to get him out of there?? He is in Mount Vernon, Mo but for some reason my computer won't set location anywhere but St. Louis, Mo. Again. He is in Mount Vernon, Mo.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you believe your fiance's constitutional rights are being violated while he is in jail, there are steps you can take to address the situation:

Contact an Attorney: Reach out to a criminal defense attorney as soon as possible. If you cannot afford one, inquire about whether your fiance qualifies for a court-appointed attorney. The attorney can assess the specific details of his case and advocate for his rights.

Communicate with the Public Defender: If your fiance has a public defender assigned to his case, make sure to communicate with them regularly about your concerns regarding his constitutional rights and the timeline of his case.

Review His Arrest: Discuss the circumstances of his arrest with his attorney. If you believe his Miranda rights were not properly read, this can be a critical issue to address in his defense.

Bail Hearing: Your fiance may be eligible for a bail hearing. The attorney can help you navigate this process to secure his release from jail.

Document Everything: Keep detailed records of all interactions with law enforcement, jail staff, and legal professionals involved in his case. Document any potential violations of his rights.

Advocate for His Rights: Continue advocating for your fiance's rights and ensuring he has legal representation that can protect his interests.

Remember that the specific actions to take will depend on the details of your fiance's case and the laws in your jurisdiction. Consulting with an attorney who specializes in criminal defense is crucial to address any constitutional violations and work toward the best possible outcome for your fiance's situation.

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