Criminal Law/son in jail

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Expert: - 12/13/2007


Question
my 18 yr old son has been in jail for 10 days on misdemeanor battery charges, but has yet to appear before a judge.  He was scheduled to appear one week ago today and they did not take him from the jail to the court. it was rescheduled today and they still did not take him to court. He was on probation for another battery charge at the time he was arrested. The county sherrif has a website that you can check on the status of a prisoner. I looked at it today and it says he is in jail awaiting trial and the date is 1/31 which is 6 weeks away. Today the system also showed new felony charges with no court date scheduled. He was not made aware of the additional charges. I informed him when he called me.  We cannot afford to hire him an attorney and he has not been in front of a judge to ask for a public defender.  Can they hold him indefinitly without him appearing in court?

Answer
It is probably an initial appearance or a bond review that he is awaiting.  Sometimes defendants appear on tv for their bond hearing and never have to be taken from the jail to the courthouse.  I really don't know but I am just speculating since I don't know what state you are in, what the procedures are, how they handle court appearances, etc.
You can't afford an attorney?  Do you realize that if he is found guilty that he is going to prison for quite awhile especially with his prior record?  You need to get on the phone and get him an attorney or go to the public defender and prove that you can't afford an attorney but they will scruitinize your finances, etc.

Can they hold him indefinitely?  No.  But he has only been in jail ten days.  In my county it is normal for defendants to be held for six months to a year before their trial dates.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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