What steps do I take ifI believe someone is being held in jail illegally?

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What steps do I take ifI believe someone is being held in jail illegally?

My brother was arrested by for a warrant that he has in another county for traffic and 28 grams of marijuana. The warrant was set about 1-2 weeks ago. The issuing county did not want to pick him up. He saw a judge today in the county in which he was arrested and was told he will be held until tomorrow afternoon to see if the issuing county will pick him up; if not he will be released. Is this legal? If he is not picked pick up tomorrow but he is still held over the weekend, what can I do or who do I call?Aand is it legal for them to do that?

Asked on March 18, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best thing for you to do is to get an attorney for your brother right away.  If you can not afford to hire an attorney go down to legal aid and see if they can help you but I think that the reality is that you may have to shell out a few bucks to help him sooner rather than later.  Now, you say that he saw a judge. Was he "arraigned?"  Was he offered an attorney at the proceeding?  He should have been and that issue needs to be brought to the attention of whom ever you speak with.  It is very difficult to "push" the system alone and without any real knowledge of how it works.  Get help here.  Good luck to you. 


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