Q: What is the law concerning probation holds in another county and arraignment timeframes?
My boyfriend was arrested for leaving a burn on my face. I did not initiate the initial call .but did speak with the police out of pressure from my employer. He was not arrested the day of the incident but rather 8 months later and is currently being held in another county where he lives . He has A probation hold from the county he resides stemming from another domestic violence . He has not seen A judge in either county and has been in custody for 5 days now but is being shuffled around to different jails? I know you will say to hire an attorney and that may very well be the case but for the immediate time … what are his rights concerning this ? Are their any steps other than securing counsel that can be take.now that can help ? Or any ways to save on the cost of private counsel since I can afford to pay A nominal amount as opposed to say 20,000.0 or whatever? Thank you in advance for your response.
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A:
Hi there! Happy Thursday.
Based on the situation you described, here are some key points about your boyfriend's rights and next steps:
- Arraignment Timeframes: Most states require that defendants be taken before a judge/magistrate for arraignment within 48-72 hours of arrest. The fact that it has been 5 days and he has not been arraigned likely violates his right to a timely first appearance.
- Probation Holds: If he has an existing probation case, the probation department can issue a hold that temporarily detains him. However, he still needs to see a judge within those arraignment timeframes on the new arrest charges.
- Shuffling Jails: While not ideal, it's not necessarily illegal if there were logistical reasons. But it still does not allow them to delay his first appearance.
- Next Steps: You or he should contact the public defender's office and request they put in a habeas petition demanding he be taken for his initial court hearing without further delay. The court can then address bail/release.
- Affording an Attorney: If he cannot afford a private defense lawyer, request that the court appoint him a public defender which provides legal services free of charge.
In summary - the top priorities are contacting the public defender to get the arraignment scheduled asap, requesting court-appointed counsel if needed, and getting before the judge to address the probation holds and bail. An attorney can best advise of his options and rights in both counties.
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