Q: My husband is incarcerated in Baxter Co AR for a non payment of fines. He is not in good health and hasn’t been forwhil
He has been there a little over 2 weeks and has been to the ER 3 times because his blood pressure has been very high.We are trying to get him out of there, but because he hasn’t seen a judge yet they will not release him. According to US code, A. 3C chapter 13 and US code A.3C chapter 13 and US code C.9 chapter 10 his 8th amendment and 14th amendment are being violated.Jail staff has told him if would have seen a judge he would have been released by by now blood pressure average 205/120 the 3 Times he’s been at the ER two of them were in the ICU. Everyone in the jail all the officials have actual knowledge of said issues.Is failure to respond, reasonably by providing the treatment.Scripts have been written from the ER to Walgreens.The jail refuses to fill them when he went back to the ER they wrote paper prescriptions that time so they could be filled with the jail pharmacy. That was Monday as of today still doesn’t have the meds the last blood pressure reading as of now was217/137
A:
You need to get an attorney immediately. This situation needs to be brought to the attention of the Judge who issued the warrant for your husband's arrest or any Judge siting in the jurisdiction.
Of course, he should have been before a judge already. An accused is denied Due Process when not taken before a Judge or Magistrate at the earliest possible time following his/her arrest. The general rule that has been codified in both Federal and State Statutes is 72 hours. Unfortunately, appellate courts have not fashioned a helpful remedy for the accused who lingers in the situation your huband is in. He may have a civil case against the law enforcement body that is holding him and almost certainly will have a viable case if he suffers a serious injury as a result of his detention in the circumstances you describe. That be as it may, the most important thing now is to get him some relief before he has that serious injury to his health. I'm guessing that the Judge in his case is unaware of what is going on. Get a lawyer who can help you. That failing, i suggest that you make the Judge's secretary or case coordinator aware of the situation.
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