Expert: Robin Sexton - 9/15/2009

Question
My son was arrested for purchasing gun on 8/13/09 and is in US Marshal hold pinellas County Florida he has a public defender who is yet to receive his discovery and so far he has not been charged indictably - what is the procedure as it is over a month and I do believe he would have some rights as he is innocent until proven otherwise

Answer
Jean,

If he is in US Marshall custody you are dealing with a Federal Offense.  He should have been seen by a Federal magistrate for the purpose of a bond hearing shortly after his arrest.  If he can not post bond he remains in custody.
In the Federal system most arrests are made after indictment by grand jury.  If an arrest is made prior to an indictment then the government can request  a detention hearing pending that indictment by a grand jury.  That could take several weeks.  Your son's defense attorney should be able to explain exactly where in the process your son is.  The court documents will define timelines that the Government has to act.

Sorry i can't be more specific but without he relevant documents to review i can only give some very general guidelines

good luck

robin