Q: Can I get my 5th degree possession charges dropped in Hennepin county mn if they held me past the 72 hour time frame?
The 72 hours were up at 11am, and they did not release me until 4 pm same day. I’m wondering if this is a scenario that violates my rights and would cause a judge to dismiss my case. I can’t afford an attorney, I’m working on getting set up with a sliding scale or low fee attorney, however the suspense is killing me!
A: Unfortunately, no. You should be released if they exceed the legal timeline to hold you before seeing a judge, however, dismissal is not a remedy for being held beyond the legal timeframe.
A: Normally the remedy for being held illegally is for your lawyer to get a judge to sign a Writ of Habeas Corpus (release Order). But dismissal of the charge would require more, other reasons.
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