Legal Question in Criminal Law in California

Can someone be put into jail in Federal Law, if they have never been charged, an

A man was sent a letter stating he was being looked at for his conduct and to contact the office of Melanie K Pierson,

Asst. Debuty @ AUSA, it also stated that either he or his attorney should contact her office.

His home was searched, materials taken out. He is charged with one count Mail Fraud under Penal Code 18 USC 1341.

He was told to accept a plea bargain, never given his rights, never questioned and to this day has not talked to Ms. Pierson or anyone from her office. He was told he could not be assigned a Federal Court Attorney because he was not arrested and arrainted. The Federal Government put in a No Appeal Clause in the count. The Plea Bargain 4 mos. Jail time and 4 mos. Community.

Can the US Govt put someone in Jail who has never been arrested or given his rights?


Asked on 2/13/03, 11:23 am

2 Answers from Attorneys
Michael Troy Attorney at Law

Re: Can someone be put into jail in Federal Law, if they have never been charged

Yes. They can. Obviously, they can and they do it often. The question is whether it is lawful for the U.S. Government or any government of the 50 states to keep someone locked up without 1.)probable cause to believe the person has committed a crime; 2.)a hearing on probable cause in front of a neutral magistrate; and 3.)an opportunity to present exculpatory evidence. Once this has taken place and the neutral magistrate has concluded that there is a strong suspicion that 1.) a crime has been committed; and 2.) the accused has committed the crime, the accused has a right to a bail hearing. Eventually, the accused has a right to a trial. However, since the cynically named Patriot Act passed without so much as one Congressman being allowed to read it beforehand, the U.S. Government seems to think it can do as it pleases just like the Nazis of Hitler's Germany. Whether the man you speak of is a victim of arbitrary incarceration will depend on knowing all of the facts. Your post seems to have left out a lot of details. Was there a warrant for his arrest? What conduct caused him to be "looked at"? In which jurisdiction did this occur? Who offered the plea? Who filed the complaint? If he has not been arraigned, he has not been charged with a crime. How long has he been in jail?

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Answered on 2/14/03, 1:48 am
David Diamond Diamond & Associates

Re: Can someone be put into jail in Federal Law, if they have never been charged

NO HE CANNOT. SOMETIME IS WRONG, but i would need more info. GIVE ME A CALL LARRY WOLF 310 277 1707

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Answered on 2/16/03, 6:48 pm


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