Legal Question in Criminal Law in Michigan

legal?

I was arrested on a Posession of Cocaine 7 months ago arrested and take to the county jail i was held 72 hours and release without any arraignment being told they werent sure if the sustance was cocaine. now 7 months later i recieve a letter from the county sherrif saying they have issued a warrant for my arrest. Isnt there some type of requirement to arraign within 72 hours of the arrest or is what they are doing legal?

i know you want to sell me legal reprentation but im poor and will have to plead not guillty to this and get court appointed help. can you give me a yes or no if the procedure is legal


Asked on 10/17/07, 8:28 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: legal?

Unlike the initial response, I am not "trying to sell" anything because I am not a criminal defense attorney. But the points made in the initial response were correct: ALL of the case facts need to be analyzed by an experienced criminal defense attorney before an answer can be given ... and there may be pertinent case facts that you did not tell us about. Whether you hire someone privately, or request a court-appointed attorney, the attorney is going to have to review what was happening during your period of incarceration, why you were held that long without a charging or interim bond decision being made, and how your defense might now be prejudiced by that incarceration. Asking a question like "is this legal?" does not always lead to a simple, quick answer.

From a prosecutor's perspective, in some cases we do want to hold off on making a charging decision until a lab has confirmed what the substance is. And the reality we live with is that there are significant delays in evidence being processed through the available crime labs. Budgets are being cut, personnel are being laid off, etc, all of which means fewer lab techs processing a never-ending flow of evidence.

That does not explain, or excuse, your 72 hour incarceration. So, consult with an attorney in your area.

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Answered on 10/17/07, 9:38 am


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