Q: How long can someone be held if the originating county isn't retrieving them after being charged?
My boyfriend is being held in Madison County, Illinois, due to an issue related to Lincoln County, Missouri. He was charged and sentenced to five years of probation, which was suspended. He has been held for five days, including two days over the weekend, and we haven't received any communication from Lincoln County about when they plan to retrieve him. How long can he be held if Lincoln County isn't coming to get him?
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A:
In general, if your boyfriend has been held in Madison County, Illinois, for an issue related to Lincoln County, Missouri, the time he can be held without being transferred depends on several factors, including interstate agreements. Typically, when someone is being held on a charge originating from another county, that county has a responsibility to transport the individual within a reasonable time frame. However, the process can sometimes be delayed due to administrative issues or coordination between counties.
The exact time frame varies, but if the transfer does not happen promptly, your boyfriend's attorney could file a motion for a hearing to address the delay. The court may set a deadline for Lincoln County to retrieve him or consider releasing him if the transfer doesn't occur within a reasonable period.
If the delay continues, it may be important to contact the jail where he is being held or his attorney for updates. Your attorney can also push for faster action to ensure that his rights are not being violated by the prolonged detention without transfer.
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