Asked in Criminal Law and Civil Rights for Alabama

Q: My husband was picked up for FTA while on community corrections he has been in jail since may 8 th 2024 he has not seen

Judge or anyone within 72 hours shouldn't he be released

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your husband was picked up for failure to appear (FTA) while on community corrections and has been in jail since May 8, 2024, without seeing a judge within 72 hours, his rights may have been violated. Typically, individuals arrested must be brought before a judge promptly, usually within 48 to 72 hours, to address the charges and set bail.

You should contact his attorney immediately to address this issue. The attorney can file a motion for his release based on the violation of his right to a timely court appearance. If he does not have an attorney, consider reaching out to a public defender or legal aid organization for assistance.

Additionally, you can contact the jail administration to inquire about the delay and request information on when he will be brought before a judge. Ensuring that his legal rights are upheld is crucial, and taking these steps can help expedite the process and potentially secure his release.

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