AboutJason Barnette, Esq. Expertise I am the managing member of and a trial attorney at Barnette Law Offices, LLC. Our firm focuses upon civil litigation; particularly, employment discrimination and consumer protection. However, we are well versed in personal injury prosecution and contract actions.
Experience Attorney - Barnette Law Offices, LLC
Organizations NELA
NACA
Licensed before Tennessee Supreme Court and federal court.
Question I realize that this isn't a civil matter but I was unable to find a All experts listing for criminal attorneys. Are you able to help?
My husband and I provide free life and family counseling for inmates that need and request help. We generally try to stay away from the legal aspects of an individual's case even when they ask for our help. We are not attorneys.
We also realize that there is always at least two sides to every individual story.
Having explained this, I have a question.
Can an individual be held in jail for months without having been arrested or read their Miranda rights or without having been charged with a crime? No information in the computer system and no paper work. (This has nothing to do with Homeland Security or any other Federal agency.)
I have more details if necessary and the info came to me from the individual being held and also one of the jailers who is also the wife of the jail administrator.
This is a small Texas county with a huge good ol' boy network.
This individual's court appointed attorney is now the full time temporary county DA since the elected DA resigned last week.
My husband and I prefer to continue to be able to offer our services to the inmates so we are very hesitant to get involved openly...but this is only one of many instances where it appears that an individuals rights are possibly not being respected.
We get along well with the newly elected sheriff but he appears to have his hands full at this time.
I guessing that you can only give me general advice, maybe hypothetically? Possibly advice on someone that we can contact if you are unable to assist us?
Thank you so much for your time and please feel free to contact us if you have questions.
Mel and Guyna Horne
Answer Mel and Guyna:
No, an inmate cannot be incarcerated without formal charges being brought against them. Moreover, they are entitled to an arrainment within forty-eight hours of being arrested.
Beyond that, I am of little assistance insofar as I only practice criminal law in Tennessee. I would suggest you call a criminal attorney in your county.
Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245 http://www.barnettelawoffices.com